Mobilization in Ukraine continues, and along with it, the number of questions that concern conscripts is increasing. The new draft law No. 10449 provides for severe fines and even criminal liability for violating the rules of military accounting. Lawyers explained what fines are at risk, in which cases and how to avoid unjust punishments.
If a conscript does not pick up a summons to clarify data or undergo a military medical examination, he faces a fine of 17,000 to 25,000 hryvnias . This applies both to those who ignored the order letter and to those who collected the summons but did not appear at the territorial picking center (TCC).
The fine is determined depending on the circumstances of the violation. A minimum fine of 17,000 hryvnias is most often imposed for the first offense. If the situation is repeated, the fine may reach the maximum level.
The most severe consequences are provided for failure to appear on a combat summons, which is issued to persons deemed fit for service after the VLK. Evasion of such a summons is regulated by Article 336 of the Criminal Code of Ukraine. This is punishable by imprisonment for a term of three to five years .
However, courts can take into account mitigating circumstances, such as health, and impose a suspended sentence.
Delivery of subpoenas must comply with clear norms of the law. If the document was left in the mailbox, passed through neighbors or relatives, it cannot be considered delivered. Only the personal receipt of a summons with confirmation of the conscript's signature is the basis for the application of fines.
According to lawyer Dmytro Franchuk, a summons sent by registered mail is considered served only if the addressee received it personally and signed the notice of service.
Lawyers advise recording any violations during the delivery of summonses. In case of doubts about the legality of the imposed fine, it is necessary to contact the court.
Reasons for appealing fines may include:
- Incorrect personal data in the summons.
- Improper delivery of the document.
- Lack of evidence that the conscript received a summons.
Lawyers note that the probability of canceling the fine in court is about 40% for well-founded lawsuits. Examples of such decisions can be found, for example, in the Volodymyr-Volyn city court, where the fine was annulled due to violation of delivery procedures.
The mobilization law has already led to a wave of lawsuits. In 2023, courts considered more than 5,000 fine appeal cases. On average, only 15-20% of them ended in favor of conscripts.
Experts predict that after the end of the war, the courts may face a significant increase in the number of such cases.
