Appealing the executive proceedings in case of imposition of a fine by the TCC

The imposition of a fine by the territorial recruitment and social support center and subsequent opening of enforcement proceedings is a procedure that can cause many questions for conscripts.

The TCC, as the body responsible for the registration of conscripts and conscripts, has the authority to impose fines for violations of the legislation on military service. These violations may include failure to appear when summoned to the TCC, late notification of a change of residence, evasion of a medical examination, etc.

Grounds for appeal

If you have received a fine from the TCC and consider it unfair, you have the opportunity to appeal the enforcement proceedings. Let’s consider what you should pay attention to:

• Was the fine legal?

Sometimes it happens that a fine is imposed without sufficient grounds. If you are not sure that the fine was imposed according to the law, this may be a reason to analyze the situation for the purpose of appeal.

• Did you follow all the rules when imposing a fine?

There is a certain procedure for how TCC should impose fines. If something was done wrong, it can help you with an appeal.

• Was the amount of the fine calculated correctly?

It happens that mistakes are made when calculating the fine. Check whether the amount corresponds to what is written in the law.

• Is there evidence of your violation?

The fine should be imposed on the basis of specific evidence. If there are none or if they are doubtful, this can be an argument in your favor.

• Has the statute of limitations expired?

For some violations, a fine can be imposed only for a certain period of time.

• Did you have good reasons?

Sometimes the law provides for situations where a person can be released from responsibility.

• Have the documents for the enforcement proceedings been drawn up correctly?

Even if the fine itself is legal, there may be errors in the preparation of documents for its collection.

Appealing executive proceedings in case of imposition of a fine by the TCC

If you decide to appeal the enforcement proceedings against the TCC fine, here are the key steps you need to take:

• First, prepare an administrative lawsuit, clearly stating the circumstances of the case and your requirements. Submit it to the district administrative court at the location of the TCC that imposed the fine. It is important to do this in time – usually during the statute of limitations for the enforcement of the fine, but it is better as soon as possible.
• Do not forget to pay the court fee when filing a lawsuit. Submit the documents to the court clerk’s office along with all necessary attachments supporting your arguments.
• After accepting the claim, attend the court hearing. If you are not satisfied with the court’s decision, you have the right to appeal, and then cassation.

Remember! The mere fact of an appeal does not automatically stop the enforcement proceedings. Therefore, be ready to act quickly and file a separate motion to suspend the proceedings while your case is being considered.

When recourse to professional lawyers is necessary

Challenging executive proceedings in cases of TCC fines is a complex legal process that requires in-depth knowledge of the law and experience. Therefore, when choosing specialists, contact only proven and qualified lawyers.

The company “Prykhodko and partners” has considerable experience in cases related to TCC and executive proceedings. Their experts will not only help you understand your situation, but will also suggest the most effective ways to solve the problem.