If a citizen fails to appear at the Territorial Recruitment Center (TRC) after receiving a summons, they may be declared wanted and fined. However, sometimes there are violations during the issuance of the penalty that allow the fine to be appealed.
Source: OBOZREVATEL
When can a fine for failing to appear be appealed?
According to lawyer Maria Hanina of the Roman Satsyk Law Firm, ignoring a summons without a valid reason is not allowed. Even if a person has a valid deferral or exemption, they are still required to come to the TRC and the mobilization point upon receiving a summons.
“Even if a person has previously clarified their data but receives another summons for data verification, they must come again. Only those excluded from military registration are not required to appear. If they received a summons, this is subject to appeal,” the lawyer explained.
In other cases, a fine for failing to appear can be appealed if procedural norms were violated. For example, if the summons arrived at the post office after the date specified for arrival at the TRC, or if other procedural violations occurred.
Hanina noted that administrative liability requires certain procedures. Specifically, a fine must be imposed by the head of the TRC during a special session. The fine can be canceled if the person was not invited to this session, not properly notified, or not given an opportunity to defend their rights.
How to appeal the fine and where to apply
A fine for failure to appear at the TRC can be appealed in two ways: through the court or through a higher authority than the TRC where you are registered.
For example, if a person is registered at a district TRC in Kyiv, they should appeal to the Kyiv City TRC. If it is Boryspil, Brovary, Bucha, or other cities of the region, the appeal should be submitted to the Kyiv Regional TRC or directly to court.
According to the lawyer, it is more practical to appeal directly to the court because the appeal deadline is limited to 10 days from the date of the decision or from when the person learned of its existence. Review by the higher authority may take longer, increasing the risk of missing the court appeal deadline.
“In court, the appeal process can take quite a long time. For example, we submitted an appeal in June, and the first hearing is scheduled only for September. Overall, it can take 4-6 months,” she explained.
Is the fine collected while the court is reviewing the case?
Along with the court claim, a motion to suspend the collection of the fine is submitted. This is necessary to avoid account blocking and automatic withdrawal of funds.
“If the court grants the motion, no funds are collected while the case is under review. However, it is important to understand that this process does not stop the mobilization process for the conscript,” the lawyer noted.