Mobilization in Ukraine continues, and with it the number of questions that concern those liable for military service is growing. The new draft law No. 10449 provides for severe fines and even criminal liability for violating the rules of military registration. Lawyers explained what fines are threatened, in which cases and how to avoid unfair punishments.
If a conscript did not pick up a summons to clarify data or pass a military medical commission (MMC), he faces a fine of 17 to 25 thousand hryvnias . This applies to both those who ignored the registered letter and those who picked up the summons but did not appear at the territorial recruitment center (TCK).
The fine is determined depending on the circumstances of the violation. For the first offense, the minimum fine is most often imposed - 17 thousand hryvnias. If the situation is repeated, the fine can reach the maximum level.
The most severe consequences are provided for failure to appear for military service, which is given to persons recognized as fit for service after the VLK. Evasion of such a call 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 may take into account mitigating circumstances, such as health conditions, and impose a suspended sentence.
The service of summonses must comply with clear legal regulations. If the document is left in a mailbox, handed over through neighbors or relatives, it cannot be considered served. Only personal receipt of the summons with confirmation of the conscript's signature is grounds for imposing fines.
According to lawyer Dmytro Franchuk, a summons sent by registered mail is considered served only if the addressee received it in person and signed the notification of service.
Lawyers advise recording any violations when serving summonses. If you have any doubts about the legality of the fine imposed, you should contact the court.
Reasons for appealing fines may include:
- Incorrect personal information in the summons.
- Improper delivery of a document.
- Lack of evidence that the conscript received a summons.
Lawyers note that the probability of canceling a fine in court is about 40% for substantiated claims. Examples of such decisions are, for example, in the Volodymyr-Volynskyi City Court, where a fine was canceled due to violation of service procedures.
The mobilization law has already led to a wave of lawsuits. In 2023, the courts considered more than 5,000 cases challenging fines. On average, only 15-20% of them ended in favor of those liable for military service.
Experts predict that after the war ends, courts may face a significant increase in the number of such cases.
