Another important legal precedent has been created in Ukraine - the court questioned a fine for a citizen who had a valid delay from mobilization and provided a full package of documents with personal data to the CCC. The court's decision stated explicitly: the Tax Code had no reason to bring administrative responsibility.
The man passed the Military Medical Commission in 2022, after which he received a legitimate deferral. To the relevant statement, he provided properly certified copies of documents that contained up -to -date credentials.
On May 30, 2024, he appeared to the CCC on a summons, but representatives of the territorial center drawn up an administrative protocol for allegedly untimely clarification of personal data in the period from May 19 to July 16.
The TCC court argued that the citizen did not address personally or did not update his data through the portal, but the court saw another.
The court's decision clearly states that before demanding a personal clarification, the Criminal Code is obliged to use all the possibilities for electronic data. This is provided for in Article 210 of the Code of Administrative Offenses.
The Court stressed that no evidence that the Tax Code really tried to contact other state databases or used electronic information interaction was presented.
There are also no changes in the personal data of a citizen who would require clarification - for example, changes in place of residence, health or other important information.
This decision is confirmed by an important norm: citizens are not obliged to come to the CCC personally if their data has already been submitted and available through state registers. Moreover, it is the public authorities that the duty is to look for information in all available ways.
For thousands of conscripts, this means that the Tax Code cannot be fined "on the machine" - only on the condition that all other ways of obtaining information were undeclared.
Lawyers advise citizens with deferrals or other legal grounds for late appeal to keep all documents and not be afraid to defend their rights in court.
Note to Article 210 of the Code of Administrative Offenses can be a real shield in cases where penalties are imposed without taking into account the electronic capabilities of the state.
