Most annulments concern violations that occurred before the legal changes came into effect
7 August 2024
As of early August, at least 34 cases regarding the cancellation of fines from Territorial Recruitment Centers (TRC) have been found using the court register search tool Babusya, within three months of the new military registration rules coming into effect. Of these cases, 30 have been decided in favor of the plaintiffs, resulting in the cancellation of the fines. The register also includes an appeal by a woman with a medical specialty challenging a fine.
At least 34 cases of Ukrainian citizens challenging fines from Territorial Recruitment Centers (TRC) have been reviewed by Ukrainian courts since the introduction of new rules on military registration violations. In 30 of these cases, courts ruled in favor of the plaintiffs and canceled the fines. In four cases, the courts denied the citizens’ claims and upheld the fines.
Most cancellations pertain to violations that occurred before the new law came into effect. Courts consider that the law does not have retroactive effect and thus does not allow penalties for past offenses under new rules. This principle was applied in the only case currently in the register, where a woman, a medical professional, challenged a TRC fine. At the time she received her medical education, there was no obligation to register, so the court canceled the fine.
In 20% of cases, fines were contested due to procedural violations in holding individuals accountable or lack of evidence of the offense. For example, one fine for failing to register with the military was challenged by a man who had received a temporary certificate of military registration just two weeks prior.
In another case, a man who visited the TRC to update his details received a fine instead. The TRC representatives failed to provide evidence of the violation and missed the deadlines for imposing the penalty, leading the court to cancel the fine.
It is important to note that these fines pertain only to violations of military registration rules under the amendments to Article 210 of the Code of Administrative Offenses (KUpAP) enacted in May 2024. Fines for such violations range from 17,000 UAH to 25,000 UAH.
Since the beginning of the year, over 12,000 fines for military registration violations from TRCs and SPs have been transferred to the enforcement service. You can check information about potential fines from TRCs using Opendatabot.
To verify if you have any fines, visit the Opendatabot service page, enter your full name and date of birth. To avoid missing similar new fines, subscribe to the free monitoring service using your personal identification number (PIN) on Opendatabot services—available on Telegram/Viber.
Source: Opendatabot
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