Heads of territorial recruiting and social support centers (TCC and SP) were given the right to consider cases of administrative offenses related to mobilization and to impose fines on Ukrainians who did not show up for summons without valid reasons. Attorney Tetyana Danylenko explained in detail the legal aspects of this process in a comment for "RBK-Ukraine".
Requirements for drawing up a protocol
The protocol is not drawn up in cases where the person did not appear for the summons, if it happened without valid reasons, but it is important that there is confirmation of receipt of the summons. According to Part 5 of Article 258 of the Code of Ukraine on Administrative Offenses (CUP), administrative offenses related to mobilization are considered by the TCC and SP, if the person has been properly notified of the date, time and place of the summons.
Fines and their appeals
Fines can be imposed even in the absence of the offender, and in case of non-payment within 15 days, the case is transferred to the enforcement service, and the amount of the fine is doubled. It is important to note that administrative fines can be imposed within 3 months from the moment an offense is detected, but no later than a year after its commission.
If a fine is imposed without grounds, a person has the right to challenge it in the court at the place of registration or at the place of residence of the TCC by filing an administrative lawsuit.
Rules for serving summonses
Previously, lawyer Yevhen Filipets indicated that summonses will be sent through Ukrposhta first of all to persons who have updated their data in the Rezerv+ application. Delivery of subpoenas by post is a legal method provided for by Ukrainian legislation, and a subpoena delivered to the mailbox is considered delivered without the need for a signature or any other confirmation of the recipient.
Jurisprudence
Courts in Ukraine are already overloaded with lawsuits from citizens who are trying to challenge summonses from military commissions. As Kyiv City Council member Leonid Yemets noted, this is only the beginning, and the situation may worsen.
