How do TCCs collect fines from conscripts who have no income or property
Violation of the rules of mobilization legislation may result in a fine. If the fine is not paid on time, additional sanctions may be imposed, in particular, blocking of accounts or even confiscation of property.
But what if the debtor has neither income nor property? For such cases, the TCC has legal mechanisms for collecting fines. In this article, we will consider how the TCC will collect fines from people without financial resources, where you can check the existence of fines and the possibility of appealing them.
Non-observance of military accounting rules
According to the law on mobilization, Ukrainians conscripted into the military had to update their data by July 16, 2024, or face a fine. The Code of Ukraine on Administrative Offenses provides for the imposition of an administrative fine for non-compliance with the rules of military accounting, as well as for violations of legislation in the fields of defense, mobilization training and mobilization.
Violations of military accounting rules, which are administrative offenses, include:
- Absence from registration at the place of residence, work or study;
- Failure to comply with the call of the TCC for military registration;
- Non-registration of military registration documents;
- Change of residence during wartime without notification to the TCC and other similar violations.
Wanted first, then fined
As Deputy Minister of Defense Kateryna Chernogorenko explained, if a person twice ignores the need to appear at the TCC or update data online, their data is entered into the wanted list.
TCC employees pass information to the police in order to find a person and notify them of the need to appear at the TCC or update their data.
How will fines be imposed on people without property?
If the debtor has no property to seize, the enforcement service can apply other measures:
- Social security benefits: A debtor's social security benefits can be garnished, although some, such as child support or pensions, are protected from seizure under the law.
- Community service: In case of inability to pay the fine, the court may order community service as an alternative to a monetary fine.
These measures ensure the possibility of executing decisions of the court and other authorities even in the absence of official income or property of the debtor.
Lawyer's consultation when collecting fines from conscripts
Legal consultation when collecting fines from conscripts is critically important to ensure the legality of the process. A lawyer can check the legality of the levy, help in appealing decisions, provide information about possible sanctions and ways to avoid additional fines, as well as ensure the correct execution of documents. Professional help can reduce the risks and stress associated with legal issues and ensure that each case is treated fairly.
Current questions - answers
Questions
How do TCCs collect fines from people who have no property or income?
Answer
If the conscript has no property or income, the executive service can take other measures. This may include restrictions on rights, such as bans on traveling abroad, the imposition of penalties on social benefits (if allowed by law), or the assignment of community service as an alternative to a financial penalty.
Questions
What to do if the conscript has no property and income, and the fine has still not been paid?
Answer
In cases where the debtor has no property and income, the enforcement service can apply alternative measures. These can be restrictions on rights (for example, a ban on traveling abroad), collection from social benefits (within the limits allowed by law), or the assignment of public works.
Questions
What types of social benefits can be seized if the debtor has no property?
Answer
Executive service can enforce social benefits, but not all. For example, child benefits, old-age pensions and other social benefits defined by law as protected are usually not subject to seizure.
Analysis of the situation from a legal point of view
From a legal point of view, collecting fines from conscripts who have no income or property involves the use of several alternative mechanisms, such as restrictions on rights (for example, travel abroad), collection from social payments, or assigning community service as a substitute for financial fines. Legislation allows such measures to enforce court decisions, even when direct enforcement is not possible. It is important that debtors have the opportunity to appeal unlawful decisions and receive legal advice to protect their rights and effectively resolve situations arising in the process of executing decisions.
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Violation of the rules of mobilization legislation may lead to the imposition of a fine, and in case of late payment, additional sanctions may be applied, such as blocking of accounts or confiscation of property. In cases where the debtor has neither income nor property, the enforcement service uses alternative mechanisms, such as restriction of rights, collection from social benefits or assignment of public works. Legal advice is also important, which will help to check the legality of the levy, appeal the decision, provide information about possible sanctions and avoid additional fines. Professional assistance ensures the protection of the debtor's rights and a fair consideration of each case. Military lawyer online, military lawyer Kyiv, legal advice during war, military lawyer, military lawyer services.
