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Publication date: 07.11.2024
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A summons is an official document that obliges a conscripted citizen to appear at the TCC on the specified day and time. A summons to the territorial recruitment and social support center (TCC) can be issued in the following cases:
- Start of registration: for military registration. This applies to young men who have reached conscription age or those who have not yet been registered.
- Clarification of military registration data: periodic updating of information about the place of residence, family composition, state of health, place of work and other personal data of conscripts.
- Passage of the military medical board (MBL): a summons may be issued for the passing of a medical board, which will determine fitness for military service.
- Mobilization or service: during a mobilization deployment or for conscription as needed.
Verification of conscripts: the TCC has the right to verify citizens who have not updated their data or changed their place of residence.
After receiving a subpoena, it is important to comply with it or contact a lawyer to find out if there is a possibility of a postponement or release from mobilization, if there are grounds.
A fine for failure to appear on a summons is an administrative penalty imposed on conscripts for failure to comply with the requirements established by the legislation on military service. According to the law, if a conscript received a summons and did not appear at the appointed time without a valid reason, he may be fined or even prosecuted in case of repeated violations or under martial law.
The main aspects of the fine:
The amount of the fine: the amount of the fine for an administrative offense may vary and is established in accordance with the Code of Ukraine on Administrative Offenses.
Justification of the reasons for non-appearance: if the conscript did not appear on the summons for good reasons (for example, illness, family circumstances or stay in another city), he can provide supporting documents.
Appeal process: in the event of a fine being imposed, the conscript has the right to appeal it. In such a situation, contacting a military lawyer can be useful for gathering evidence and representing interests in court.
Criminal responsibility: if a person does not appear repeatedly or in conditions of martial law, the TCC can initiate the issue of bringing him to criminal responsibility for draft evasion.
It is important to note that receiving a summons requires mandatory attendance, ignoring or refusing to do so may result in administrative or criminal liability, especially during martial law.
Question
When can you appeal a fine for failure to appear on a summons?
Answer
If there were objective reasons for non-appearance (illness, stay outside the place of residence, important family circumstances, etc.) and they are documented; if the summons was delivered improperly (for example, left at the door or sent by mail without your signature on receipt); if the procedure was violated when imposing the fine (for example, the procedure for processing documents was not followed or you were not warned about the responsibility for non-appearance - you have the right to appeal the fine .
The procedure for appealing a fine for failure to appear on a summons:
- Preparation of documents: collect all documents that can confirm the reasons for non-appearance or violations in issuing the summons. These can be: medical certificates or conclusions confirming the state of health; certificates of stay in another place (for example, on a business trip); any other documents justifying the validity of the reason for the absence.
- Writing an appeal statement: prepare a complaint (claim statement) to the court, where you specify your data and the data of the institution that imposed the fine; the circumstances of the case, in particular the date and method of service of the summons; reasons for non-appearance supported by evidence; violations that were committed during the execution or delivery of the summons (if any).
- Filing a complaint with a court: a complaint must be filed with the administrative court at your place of residence or at the location of the institution that imposed the fine. The application should be submitted within 10 days from the moment of receipt of the decision on the imposition of a fine. If the deadline is missed, you can try to renew it for good reasons, but it depends on the court's decision.
- Announcement of the decision: after considering the case, the court issues a decision. If the court approves the complaint, the fine will be canceled. In case of refusal, the fine will remain in force, but the decision can be appealed.
If you are not satisfied with the decision of the court of first instance, you can file an appeal. An appeal is filed within 30 days from the date of the decision. Contacting a military lawyer at the stage of preparing documents and writing a complaint can help you correctly draw up an application and increase the chances of a positive court decision.
The services of a military lawyer from the legal service “Consultant” include comprehensive assistance when appealing a fine for failure to appear on a summons, namely:
- Situation assessment: the lawyer will help you assess your situation, understand the circumstances of receiving the summons and the available evidence confirming the reasons for failure to appear or violations in the service procedure.
- Document preparation: the lawyer will collect the necessary documents, including evidence of valid reasons for failure to appear or violations on the part of the CCC, such as medical certificates, evidence of being in another place, etc.
- Complaint preparation: the lawyer will prepare a complaint (statement of claim), where he will substantiate your position and describe in detail all the circumstances and violations.
- Representation in court: During the trial, the lawyer will represent your interests by providing explanations, presenting evidence and defending your position.
- Appeal (if necessary): If the court of first instance rejects the complaint, the lawyer can help in preparing the appeal and will accompany you during the consideration of the case in the appellate instance.
- Consultation and support: The lawyer will advise you on the legal consequences associated with failure to appear on the summons and give recommendations on actions in the future to avoid similar situations.
Legal assistance to conscripts during the appeal of a fine for failure to appear on a summons is an important stage in the protection of their rights and interests. Thanks to the support of the lawyers of the "Consultant" legal service, when appealing a fine, you can increase the chances of a successful decision, minimize risks and ensure that your rights are respected in court. Legal assistance significantly increases the chances of successfully challenging the fine, because a specialist will help take into account all the intricacies of the legislation and present strong arguments to protect the interests of the conscript.
