Courts cancel fines from the TCC in 88% of cases - monitoring
Kyiv • UNN
Ukrainian courts cancel 88% of fines from the TP for violations of military registration rules. Most often, fines are canceled for violations that occurred before the changes in legislation or due to procedural violations.
In 88% of cases, Ukrainian courts cancel fines from the TCR. Most of the reversals concern violations that occurred before the amendments to the relevant legislation came into force. UNN reports this with reference to the data of the monitoring service Opendatabot.
Details
"At least 34 cases involving Ukrainians challenging fines imposed by the TCR have been considered by Ukrainian courts since the introduction of the new rules on violation of military registration rules. In most of them - 30 cases - the courts ruled in favor of the plaintiffs and canceled the fines. In four cases, the courts rejected the citizens' claims and upheld the fines," the statement said.
It is noted that most of the cancellations relate to violations that occurred before the amendments to the law came into force.
The courts take into account that the law does not have retroactive effect, which means that it does not allow punishing an old offense under the new rules. This, in particular, was the case in the only case in the registry so far, where a woman, a medical doctor by profession, challenged a fine from the TCR. At the time the plaintiff received her medical education, there was no obligation to register, so the court canceled the fine.
In 20% of cases, the fines were appealed due to violations of the procedure for bringing to justice or lack of evidence of an offense. For example, a fine for failure to register for military service with the DTCR was appealed by a man who had received a temporary certificate of military registration two weeks earlier.
In another case, a man who came to the TCR to clarify his data went to court and was fined instead. In the ruling, the TCR representatives failed to prove the offense and missed the deadlines for punishment, so the court canceled the fine.
It is noted that this refers only to fines for violation of the rules of military registration under the amendments to Art. 210 of the Code of Administrative Offenses adopted in May 2024. Such violations may be fined from UAH 17 thousand to UAH 25 thousand.
Since the beginning of the year, over 12,000 fines for violations of military records have been transferred to the Enforcement Service by TCRs.
