See more
Publication date: 29.10.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
A fine is a monetary penalty imposed on an individual or legal entity as a measure of responsibility for violating the law or established regulations. The main purpose of a fine is to punish violations, as well as to prevent similar actions in the future. Military administrations, such as Territorial Recruitment and Social Support Centers (TCCs and SPs), have limited competence to impose fines. They cannot impose administrative or criminal fines on their own. However, TCCs can initiate the prosecution process if violations related to military registration, mobilization training, or the performance of military duty are found.
Violations that may result in fines or other liability:
- Failure to appear on summons, hiding from the Military Committee: TCCs can initiate the imposition of fines in cases of such violations, if a conscript or conscript does not appear on summons to the TCC without valid reasons, this may be considered an administrative offense.
- Evasion of military registration: if a person does not register with the TCC, or does not report a change of residence, this can also be considered a violation.
- Evasion of the mobilization draft, summons to the Military Commissariat, summons to the military commissariat by phone: in case of intentional evasion of the mobilization, a criminal case may be initiated.
Question
What to do if you receive a notice from the TCC about a fine?
Answer
If you have received a notice of a fine or possible prosecution: clarify the circumstances: contact the TCC to clarify the reason, seek legal advice: a military law lawyer can help understand the legal aspects and prepare the necessary documents for the defense, prepare documents about good reasons if you had valid reasons for not appearing, it is important to provide proof in order to remove the fine or avoid the imposition of liability.
A fine, as a responsibility for failure to appear before the military commissariat, imposed on the initiative of the TCC and SP (territorial recruitment and social support center), can be appealed if there is reason to believe that it was imposed illegally. fines for non-appearance at military service, initiated by the TCC, often refer to violations related to military registration, mobilization training, or draft evasion.
A fine can be appealed in the following cases, penalty for failure to appear at the military commissariat:
- Insufficient justification of the fine: if there is no sufficient evidence of your guilt or the TCC has not provided an adequate explanation for the reason for the fine.
- Existence of valid reasons for non-attendance: If the reasons for your absence from TCC or evasion of accounting procedures were valid (for example, illness, family circumstances), this may be grounds for appeal.
- Procedural violations: for example, if the fine was imposed without proper notice or the procedure was not followed.
The procedure for submitting a complaint to the military commissariat:
Preparation of documents: Gather documents and evidence that can prove that you did not break the law or that there were good reasons for not appearing.
Filing a complaint in an administrative procedure: send a complaint to the higher authority of the TCC or to the local administration that controls the activities of the military centers.
Judicial appeal: if the administrative procedure did not work, file a lawsuit in the administrative court. In it, indicate the reasons why the fine is unlawful and attach all the documents to support your position.
It is important to file a complaint or lawsuit within the specified time period, which is usually 10-30 days from the moment of receipt of the decision on the fine (depending on the law that regulates the specific type of fine). Check the deadlines for your situation so you can file on time. Court proceedings can last several months, so you should be prepared for the fact that the final decision may not be instantaneous. In the case of a successful appeal, the court will cancel the fine and issue a ruling on its illegality.
A military law lawyer of the "Consultant" legal service can help prepare the necessary documents and application, represent you in administrative bodies or in court. Legal support at the military commission will help avoid mistakes and increase the chances of successfully challenging the fine for failure to appear at the military commissariat 2022.
Accompanying a lawyer to the military commissariat from our "Consultant" service can be useful in the following cases:
- Representation of interests: an attorney can represent your interests when discussing any administrative issues related to military registration, mobilization or passing a medical board.
- Legal assistance in the preparation of documents: a lawyer will help to correctly draw up and submit the necessary documents confirming the postponement, dismissal, other circumstances or valid reasons for your case.
- Advice on fines and infringements: If you have received a fine or other notice, a lawyer can help you assess the validity of the fine and file a complaint or challenge the decision.
- Legal support during medical commissions (VLC/MSEK): a lawyer will help ensure that your rights are respected during the process of VLC or other commissions.
- Legal representation: if there is a need to go to court, a lawyer can represent you at hearings and defend your interests.
The legal support at the military commissariat of the legal service "Consultant" at the Military Commissariat can be useful in the following cases:
- Passing the medical commission (VLC): if there are controversial points regarding your state of health or there is a need to appeal the decision of the VLC. If you need to get a finding of unfitness for service or postponement.
- Issuance of postponement or release from service: when documents are submitted for postponement due to family circumstances (caring for family members) or health. If there are grounds for dismissal and need help in confirming or challenging decisions.
- Consideration of cases of fines or administrative violations: in cases where the Military Commissariat initiates administrative fines or fines for violation of military records, non-appearance or evasion of the draft.
- Controversial issues related to mobilization: if there is a need to confirm special circumstances that prevent mobilization, for example, confirmation of caring for an incapacitated family member. If you need protection in case of suspected evasion of mobilization or other controversial situations.
- Appealing the decisions of the TCC and SP in court, escort at the military commissariat: if the decision of the Military Committee violates your rights, a lawyer can represent you in court and accompany you in the process of filing a complaint.
The Support of a lawyer at military point in TCC and JV can help you more effectively resolve issues in TCC and JV and avoid misunderstandings or wrongful decisions. Legal support of the "Consultant" marketplace in such cases will help ensure the protection of your rights and compliance with legality in processes related to military service.
