Recently, several Ukrainian mayors were fined for failing to fulfill mobilization tasks. Administrative protocols from local TCCs were received by the mayors of Drohobych, Truskavets, Boryslav, and the heads of several territorial communities in Lviv Oblast. UNN investigated whether TCCs can indeed fine mayors.
Details
On January 28, Drohobych Mayor Taras Kuchma announced that he had to pay a 34,000 hryvnia fine for "disrupting the mobilization plan."
There is a government resolution stating that responsibility for mobilization processes lies with local self-government bodies. But I told, and I told the vice-prime minister, that there is no database. Perhaps our mobilization process has already exhausted itself. Everyone who could be taken has been taken. The rest are either hiding, or living at a different address, or abroad.
Kuchma himself stated that he would appeal the fine in court, as he considers it "complete nonsense."
The mayor of Drohobych reported that mayors of other cities in Lviv Oblast, including Truskavets — Andriy Kulchynskyi, Skhidnytsia — Ivan Pilyak, and Medenychi — Mykhailo Zhyvchyn, also received similar fines. All of them intend to appeal the decisions.
Subsequently, Boryslav Mayor Ihor Yavorskyi also confirmed that he had also been fined for failing to fulfill the mobilization plan. He will also appeal the decision in court.
Can TCCs really fine mayors?
The situation was "clarified" by the spokesperson of OC "West" Oleh Dombrovskyi, who noted that according to Resolution of the Cabinet of Ministers of Ukraine No. 560 of May 16, 2024, which approves the procedure for conscripting citizens for military service during mobilization, for a special period, local authorities are obliged to compile lists of conscripts, hand them summonses at their place of residence, and ensure their delivery to the TCC.
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The Association of Ukrainian Cities reacted to the "clarification of the situation" as follows:
"At the level of the Verkhovna Rada, various laws have shifted obligations to local self-government. But if you read what is written in the law, then the TCC should be disbanded, because what are they doing there then? There is a military regional administration, district administrations, which should deal with security issues. Local self-government should deal with organizing the work of services for the population and helping where necessary. If the head of the community, whose powers include organizing the life of the city, is held accountable for not fulfilling someone else's duties, it is wild."
A UNN journalist asked the NGO "Legal Hundred" whether mayors can indeed receive fines for "disrupting mobilization measures" and how legal this is:
"Yes, the law provides for administrative liability for local government officials for violating mobilization legislation. Fines can range from UAH 17,000 to UAH 25,500, and for a repeat offense within a year – from UAH 25,500 to UAH 34,000. It is worth noting that local government bodies are not obliged to personally hand out summonses, whose functions should be ensured by those mobilized. They only have to facilitate mobilization, they must help the TCC in conducting conscription and organizing mobilization measures within their territory."
Lawyer Angelina Slavych explains that, according to Article 36 of the Law of Ukraine "On Local Self-Government in Ukraine," local self-government bodies are responsible for the material and technical support of mobilization measures, including:
- providing TCCs with transport for notification and transportation of mobilized personnel;
- maintaining military records and booking conscripts;
- ensuring timely notification and arrival of conscripts at assembly points.
In general, local self-government bodies can refuse to perform mobilization tasks in accordance with Article 19 of the Constitution of Ukraine, which states that officials of local self-government bodies are obliged to carry out activities only within their powers. If the tasks imposed on them go beyond these limits, they have the right to refuse to perform them.
To the question of the UNN journalist whether such a fine can be appealed in court, and what arguments can be most effective, the NGO "Legal Hundred" answered:
"Yes, the fine can be appealed in an administrative court. Effective arguments can be the existence of legal grounds for the fine (if actions or inactions did not violate the law), exceeding the authority of the bodies that imposed the fine, and the presence of proper evidence of the offense."
Let us remind you
Due to the large influx to the TCCs and medical commissions, many conscripts did not manage to undergo examination by February 5. To avoid this situation, a bill was submitted to parliament proposing to extend the possibility of undergoing the military medical commission until June 5.