Penalties for Mayors for Failure to Implement the Mobilization Plan: Legal Requirements and Position of Lawyers
Kyiv • UNN
The mayors of several cities in Lviv region have received fines from the TCC for failing to fulfill mobilization plans. The mayors plan to challenge the fines in court, claiming that the TCC exceeded its authority.
Recently, several Ukrainian mayors have been fined for failing to fulfill mobilization tasks. The mayors of Drohobych, Truskavets, Boryslav and the heads of several territorial communities in Lviv region received administrative protocols from local military and civilian commissariats. UNN investigated whether the TCCs can really fine mayors.
On January 28, Drohobych Mayor Taras Kuchma announced that he would have to burn 34,000 hryvnias in fines for “disrupting the mobilization plan.
There is a government decree stating that local governments are responsible for mobilization processes. But I told the Deputy Prime Minister that there is no database. Maybe our mobilization process has already been exhausted. Everyone who could be taken away has been taken away. The rest are either hiding or living at the wrong address or abroad
Kuchma himself said that he would appeal the fine in court, as he considers it “complete nonsense.
The mayor of Drohobych said that the mayors of other cities in Lviv Oblast, including Truskavets (Andriy Kulchynskyi), Skhidnytsia (Ivan Pilyak), and Medenych (Mykhailo Zhyvchyn), also received similar fines. All of them intend to appeal the decision.
Subsequently, the mayor of Boryslav, Ihor Yavorsky, also confirmed that he had also been fined for failing to comply with the mobilization plan. He will also appeal the decision in court.
Can TCCs really fine mayors
The situation was “clarified” by Oleh Dombrovsky, a spokesman for the West military group, who noted that according to the Resolution of the Cabinet of Ministers of Ukraine No. 560 of May 16, 2024, which approves the procedure for conscription of citizens for military service during mobilization, for a special period, local authorities are obliged to compile lists of persons liable for military service, serve them with summonses at their place of residence and ensure their delivery to the military commissariat.
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The Association of Ukrainian Cities responded to the “clarification of the situation” as follows:
“At the level of the Verkhovna Rada, various laws have shifted obligations to local governments. But if we read what is written in the law, then we need to disband the TCCs, because what are they doing there? There are military regional administrations, district administrations that should deal with security issues. Local self-government should deal with the organization of services for the population and help where necessary. If the head of the community, who is responsible for organizing the life of the city, is held accountable for failing to fulfill someone else's duties, it is wild.
UNN journalist asked the NGO “Juridical Hundred” whether mayors can really receive fines for “disrupting mobilization activities” and whether it is legal at all:
“Yes, the law provides for administrative liability of local government officials for violating mobilization legislation. Fines can range from UAH 17,000 to UAH 25,500, and for repeated violations within a year - from UAH 25,500 to UAH 34,000. It is worth noting that local governments are not obliged to serve summonses themselves, whose functions are to be performed by mobilized persons. They only have to facilitate mobilization, assist the CMC in conducting conscription and organizing mobilization activities within their territory.
Lawyer Angelina Slavych explains that according to Article 36 of the Law of Ukraine “On Local Self-Government Bodies in Ukraine,” local governments are responsible for the logistical support of mobilization activities, in particular:
- providing the TCC with transport for notification and transportation of mobilized persons;
- maintaining military records and reserving persons liable for military service;
- Ensuring temporary notification and arrival of persons liable for military service to assembly points.
In general, local governments may refuse to fulfill mobilization tasks in accordance with Article 19 of the Constitution of Ukraine, which states that local government officials are obliged to act only within their powers. If the tasks imposed on them go beyond these limits, they have the right to refuse to fulfill them.
When asked by a journalist of UNN whether it is possible to appeal such a fine in court, and what arguments can be most effective, the NGO “Legal Hundred” answered:
“Yes, a fine can be appealed in an administrative court. Effective arguments may include the existence of legal grounds for the fine (if the actions or omissions did not violate the law), excess of authority of the authorities that imposed the fine and the existence of proper evidence of the offense.
Recall
Due to the large influx of people to the TCC and medical commissions, many persons liable for military service did not have time to undergo the examination by February 5. To avoid this situation, a draft lawwas submitted to the parliament that proposes to extend the possibility of undergoing a military physical examination until June 5.
