Appealing a fine under Art. 210-1 of the Code of Ukraine on Administrative Offenses

Full-scale hostilities on the territory of Ukraine in 2024 continue, which means that the state constantly needs citizens to protect itself from an armed attack by the Russian Federation.

In connection with this, in May of this year, new changes were introduced to the Code of Ukraine on Administrative Offenses providing for increased liability for violations of the current legislation on the mobilization of citizens.

And as a result, these changes led only to an increase in illegal fines under Art. 210-1 of the Code of Ukraine on Administrative Offenses. This shows the relevance of consideration of this problem for today.

Therefore, in this informative article, lawyers from the “Prikhodko and Partners” law office will tell about the specifics of appealing a fine under Art. 210-1 of the Code of Ukraine on Administrative Offenses.

When a person can be prosecuted under Art. 210-1 of the Code of Ukraine on Administrative Offenses?

The provisions of Art. 210-1 of the Code of Ukraine on Administrative Offenses establishes the onset of administrative liability for non-compliance with the current legislation on defense, mobilization training, and mobilization.

Such actions can include:

• actions related to the deliberate non-appearance of a citizen following a summons to the TCC and SP;
• failure to specify personal data by a citizen within 60 days in TSNAP, Rezerv+, or by not appearing in person at the TCC and SP;
• evading a medical examination aimed at determining suitability for military service;
• not providing access to a building, premises, or other structures, as well as a citizen’s vehicle;
• violation by employers of their obligations to inform the bodies of the TCC and SP about the hiring of new employees, checking their military registration documents, ensuring their arrival at the TCC and SP bodies as a result of receiving written notification, etc.;
• and many others.

The sanction of the above-mentioned article provides for punishment in the form of a fine, which can be applied both to citizens and to officials of enterprises.

The amount of fines during martial law is: for citizens – from UAH 17,000 to UAH 25,500, for officials of local government, state authorities, private legal entities, and public associations – from UAH 34,000 to UAH 59,500.

How to appeal a fine under Art. 210-1 of the Code of Ukraine on Administrative Offenses?

First of all, it should be noted that cases under Art. 210-1 of the Code of Ukraine on Administrative Offenses are authorized to consider the heads of TCCs and joint ventures, they also make decisions on the imposition of an administrative penalty in the form of a fine (Article 235 of the Code of Ukraine on Administrative Offenses).

In order for the employees of the TCC and JV to be able to prosecute a citizen or an official, they do not need to draw up a protocol, because it is clear from the norms of the Code of Ukraine on Administrative Offenses that the offense provided for in Art. 210-1, the TCC and the SP may immediately issue a resolution on bringing a person to administrative responsibility.

Importantly! Such a resolution must also be accompanied by evidence confirming the citizen’s guilt in this offense (for example, the fact that the person did not appear at the TCC and SP upon a summons).

If the resolution on bringing a person to the administrative of liability was drawn up with numerous errors, the evidence base is not sufficient to prove the citizen’s guilt in the offense committed, the person did not receive a copy of the resolution on administrative liability, he was not familiarized with the rights and obligations provided for in Art. 268 of the Code of Ukraine on Administrative Offenses – all this will serve as a basis for appealing the fine in the case under Art. 210-1 of the Code of Ukraine on Administrative Offenses.

Questions remain regarding the appeal of the fine under Art. 210-1 of the Code of Ukraine on Administrative Offenses?

Please contact in this case with the help of specialists from the Prikhodko and Partners law firm.

We will help you understand the general procedure for appealing a fine under Art. 210-1 of the Code of Ukraine on Administrative Offenses, because we have thorough knowledge and many years of experience in the field of military law of Ukraine, which allows us to provide only appropriate legal support to the company’s clients.

Do not delay and fill out the application form below and our lawyer will contact you soon!