Lawyer
Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Statement of claim for cancellation of the CCC fine
Recently, more and more conscripts are faced with administrative fines issued by military enlistment offices. Often, such documents appear suddenly, without prior notice and with significant procedural violations.
However, even after the decision is issued, all is not lost. If you believe that the fine was imposed illegally, you have every right to file a lawsuit and have such a decision overturned.
When is a CCC fine imposed?
The basis for a fine is primarily a violation of the rules of military registration and mobilization. In particular, this includes failure to appear for a summons to clarify data/VLK, failure to update data within the period established by law, lack of a military ID card, etc.
It should be noted that a fine cannot be imposed automatically, only after consideration of the case, because the guilt of the offender must be established.
The resolution must contain the following information:
- name of the CCC and full name of the official;
- date of consideration;
- full details of the offender;
- description of the established circumstances;
- legal provision providing for liability;
- decision made (fine / closure of the case).
The fine must be paid within 15 days from the date of delivery of the resolution, and if you disagree, you must file a complaint with the court within 10 days.
How to file a lawsuit in court to appeal a decision on a fine of the CCC?
First, we advise you to contact a lawyer for advice on the possibility of canceling the fine and appealing it through the court. A military lawyer will be able to guide you through the situation and positive chances of resolving it.
Second, the lawsuit should be filed at the location of the CCC or the place of registration of the plaintiff.
Third, common grounds for canceling a monetary penalty are:
- missing the deadline for bringing to administrative responsibility;
- lack of elements of the offense;
- procedural violations, for example, absence or incorrect execution of the protocol, improper notification of the case, violation of the right to defense, etc.
Fourth, the filing of a lawsuit must be legally competent, with clear justification and reference to the legislation. Even one mistake can lead to a refusal to satisfy the application.
What should a statement of claim for cancellation of a fine contain?
- General details
The application header indicates:
- Name of the court to which the claim is filed (for example: Pecherskyi District Court of Kyiv);
- Plaintiff’s details: full name, address, contact phone number, email;
- Defendant’s details: full name of the CCC and the JV, its legal address;
- Essence of the dispute and claims
This part indicates:
- number and date of the contested decision;
- circumstances on which the claim is based (for example: failure to appear for a summons that was not served properly);
- specific request to the court – to cancel the decision and close the case.
- Substantiation of the claim
The central part of the claim should contain:
- description of the violation by the CCC or an official;
- legal assessment of the defendant’s actions (absence of elements of the offense, violation of the terms of bringing to justice, procedural errors, etc.);
- references to relevant legislative norms.
- Evidence
The following documents are attached to the claim, confirming your position:
- a copy of the CCC resolution itself;
- a protocol on the administrative offense (if available);
- documents refuting the fact of the violation (medical certificates, summonses, correspondence, etc.);
- a copy of the passport;
- a receipt for payment of the court fee;
- an application for renewal of the term – if the 10-day period for appealing was missed.
In conclusion, you must list all annexes to the application and put your signature, the date of preparation of the document.
How to renew the term for filing a claim for the cancellation of a fine?
If you were unable to file a claim with the administrative court on time due to valid reasons and want to renew it, you should submit an application for renewal of the time limit together with the claim. Important reasons include:
- Illness or treatment – evidence may be a medical certificate, a certificate of incapacity for work or an extract from a medical record.
- Business trip – confirmation is an order.
- Lack of proper notification – for example, there is no signature on delivery, etc.
- Other force majeure circumstances.
The court always assesses the validity of the reasons individually. Therefore, even one of the listed reasons does not guarantee renewal of the time limit if it is not properly substantiated by documentation.
How can we help?
Military lawyers of the Law Firm “Prikhodko and Partners” provide full legal support in cases of appealing fines imposed by the CCC and the Joint Venture. We work comprehensively:
- we prepare a statement of claim in accordance with the requirements of judicial practice;
- we carry out a legal analysis of the resolution and the circumstances of the case;
- we help with the collection of evidence that confirms your position;
- we file a statement of claim with the court and represent your interests at all stages of the process;
- we accompany the case until a court decision is obtained.
Our team has a successful track record of overturning illegal CCC resolutions. Contact us – we will do everything to protect your interests.
Calculate the cost of services
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Were other lawyers handling your case?
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Do you need full legal support to appeal a TCC fine?
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Do you need legal help immediately?
Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
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Appealing the executive proceedings in case of imposition of a fine by the TCC
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Application for deferral
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