Unfortunately, today you can often find violations of the rights of conscripts. Yes, the country needs as many military personnel as possible, but it is still necessary to take into account the individual situation of everyone, and not to equalize everyone by automatically updating the Law. That is why today we will bring to your attention information: what should be your actions in case of violation of rights by representatives of the territorial recruitment and social support center (TCC and SP).
We are appealing against an illegal decision.
Let's imagine the situation: you came to update your data, and you are told automatically - a fine of UAH 17,000 for not updating your military ticket on time. But you should have updated it 10 years ago! Accordingly, the fine should be received under the previous legislation, significantly less than UAH 17,000. To correctly express your disagreement with the fine, you need to follow the following instructions:
- After drawing up the protocol, you have the right, as a person who is brought to administrative responsibility, to provide your explanations and familiarize yourself with the case materials. In the protocol, it should be written: "I do not agree with this fine, because firstly, the term of prosecution has passed, and secondly, the wrong law is applied."
- After that, TCC employees will probably impose a fine and issue a resolution.
- The next step for you is to appeal the decision, which cannot be missed. The appeal is an extremely important stage, because if you do not appeal, you will be entered in the register as a person who has committed an administrative offense. If you reoffend, you will be considered a repeat offender, which can lead to more serious consequences.
Question
What rights does a person have after drawing up the protocol?
Respond
After drawing up the protocol, you have the right to provide your explanations and get acquainted with the case materials. This is important to ensure a fair process.
Question
What should be written in the protocol?
Respond
In the protocol, it is recommended to write: "I do not agree with this fine, because the term of prosecution has passed, and the wrong law has been applied."
Question
Why is it important to appeal the decision?
Respond
Appealing the decision is important in order to avoid being entered in the register as a person who has committed an administrative offense. This may have negative consequences in case of repeated violation
Court practice on appealing fines
Jurisprudence on this issue has a positive character. Both with regard to the terms of bringing to administrative responsibility and the application of the law that was in effect at the time of the administrative offense, decisions are often made in favor of the conscript.
- Correct drafting of the protocol is critically important;
- Promulgation of the resolution must comply with the legislation;
- Challenging the resolution prevents negative consequences;
- Court practice often sides with conscripts.
It is important to correctly argue one's position, since TCC representatives act within their powers, but the legislation cannot be ignored.
Prosecution of representatives of TCC and JV. Is it real?
It would seem, how do they illegally impose fines, bring a person to administrative responsibility, knowing about the current legislation? The question arises: is it even possible to bring them to justice?
In fact, it is possible, but it requires time, strength and patience. As practice shows, for example, with the police, there is positive judicial practice regarding the illegal imposition of a fine for an administrative offense, provided that the court recognizes illegal prosecution. In this case, it is possibleand file a lawsuit against them and collect moral compensation.
Question
Is it possible to collect compensation for an illegal fine?
Respond
Yes, you can. In the case of recognition by the court of illegal bringing to administrative responsibility, moral compensation can be charged, as well as claims for damages - for example, the costs of professional legal assistance.
Question
Will officials be personally responsible?
Respond
The responsibility will be financial, and it will come from the budget allocations of the local TCC and JV. So no, not personally.
Question
Should illegal fines be appealed?
Respond
Certainly. If illegal fines are not challenged, this arbitrariness will continue. Judicial practice supports citizens, and doubts about responsibility are always interpreted in their favor.
What is the appeal of the decision in the TCC based on?
The same is the case with the TCC: if they illegally brought you to administrative responsibility, they must be responsible for it.
- There is positive judicial practice, in particular regarding the illegal imposition of fines;
- You can claim moral compensation for illegal prosecution;
- It is worth filing a lawsuit with the local TCC and SP in case of illegal actions;
- Compliance with the law is key when challenging decisions;
The main thing in this case is to prove your position. After all, if we agree to all illegal fines and do not challenge them, this arbitrariness will continue. It is worth acting in accordance with the norms of legislation, because even the European Court interprets administrative responsibility as equivalent to criminal responsibility. Ukrainian courts take this into account, so all doubts about a person's responsibility are interpreted in his favor.
We invite you for a consultation.
Sometimes a situation arises when it is difficult to figure it out on your own, in this case we recommend visiting TCC with a lawyer. A TCC lawyer will review the materials regarding your situation legal support in TCC and then be able to give instructions on further options for action. In this case, legal support in the TCC is effective and fully justified.
Our company invites you to use the services of our specialists, our TCC lawyer support is always ready to cooperate.
We offer:
Legal support in the TCC. The TCC lawyer examines your documents in advance, then we plan to go together.
Consultation in the option that is convenient for you: in writing, by phone, in person. The lawyer is willing to cooperate in a format that is convenient for you.
Urgent support of a lawyer in the TCC. In such a case, a lawyer may be waiting for you at the TCC, if there is no time to prepare in advance.
Prosecution of representatives of TCCs and joint ventures for illegal actions is possible, but it takes time and patience. Case law confirms the possibility of compensation, so it is important to challenge illegal actions and act in accordance with the law. Appealing a fine is an important process that can affect further oneslegal consequences. Court practice shows positive examples for conscripts, so it is important to act within the law and correctly argue your position when drawing up a protocol and making a decision.
