According to Ukrainian legislation, men of mobilization age are obliged to keep military records, even while abroad. In case of violation of this obligation, a fine in the amount of 17 to 25 thousand hryvnias is provided. However, what should you do if you have received a fine from the territorial collection center (TCC) and cannot pay it?
Lawyer Dmytro Franchuk spoke for "RBK-Ukraine" about the consequences of not paying the fine and the possibility of appealing it.
Consequences of non-payment of the fine
- Penalty assessment: For each day of delay, a penalty is added to the fine.
- Forcible collection: TCC can apply to the enforcement service to collect a fine due to the seizure of property in Ukraine.
- Restrictions on entry: Data on non-payment may be transferred to the border service, which may lead to a ban on entry to Ukraine.
At the same time, the fine is a personal responsibility and cannot be transferred to relatives. However, if the seizure is imposed on joint property, it may affect the interests of co-owners.
How to appeal a fine abroad
Appealing a fine for those who are outside Ukraine is a difficult but possible process.
Steps to appeal:
- Issuance of a power of attorney:
- Notarize the power of attorney at the consulate of Ukraine or apostill the document (for countries that are members of the Hague Convention).
- The power of attorney will allow your representative in Ukraine to act on your behalf.
- Submitting an application to the TCC:
- The representative must submit a statement of appeal to the TCC, indicating:
- Personal data of the person who was fined.
- Details of the resolution.
- The reasons why the fine is considered illegal and the evidence of this (for example, documents about staying abroad).
- The representative must submit a statement of appeal to the TCC, indicating:
- Appeal in court:
- If the TCC refuses to grant the application, file a lawsuit in court.
- A representative under a power of attorney can file a lawsuit. The deadline for submission is 10 days from the moment of receipt of the decision of the TCC.
Advice from a lawyer
Dmytro Franchuk emphasizes that avoiding cooperation with the TCC can lead to more serious consequences, including criminal liability for evading mobilization. If you receive a subpoena, it is important to contact a lawyer immediately and begin procedures to resolve the situation.