Publication date: 16.05.2025
Lawyer. 8 years of legal experience. The main specialization is criminal law. I have experience with corporate rights of the enterprise.
Initial Data:
The client — a citizen of Ukraine — was unlawfully held administratively liable under Part 3 of Article 210-1 of the Code of Ukraine on Administrative Offenses. By decision of the District Territorial Recruitment and Social Support Center (TRSSC), he was fined 17,000 UAH for allegedly failing to appear at the TRSSC upon summons to update personal data and undergo a military medical examination.
Part 3 of Article 210-1 of the Code of Ukraine on Administrative Offenses establishes liability for violations of military registration during mobilization or under special period conditions.
However, at the time of the report, the client had already been removed from military registration, confirmed by an official military document (temporary certificate of deregistration due to health reasons).
Problem:
Officials from the TRSSC and National Police:
- ignored the deregistration certificate,
- prepared a template report without specifying the actual legal provision violated,
- attached no evidence of guilt,
- issued the decision in absentia and did not mail it to the person concerned.
Moreover, the decision failed to specify the legal grounds for the restriction of movement (the individual was forcibly taken to the TRSSC without legal basis), and the report was filled out using a form lacking personalized information regarding the offense.
Additionally, the deadline for filing a lawsuit was formally missed, which could have been used as grounds to reject the case.
Resolved:
Full legal support was provided:
- Situation analyzed: it was confirmed that the client had been removed from military registration as early as May 2023, well before the incident occurred.
- Administrative lawsuit prepared requesting the court to:
- recognize the delay in filing the lawsuit as justified,
- cancel the administrative violation decision,
- terminate the administrative case due to the absence of an event and composition of the offense.
- A separate petition was submitted requesting a legal assessment of the actions of the officials who unlawfully restricted the client’s freedom and ignored valid military documents.
- Official copy of the decision obtained via attorney’s request.
The client obtained:
- Cancellation of the administrative offense decision.
- Release from the 17,000 UAH fine.
- Closure of the administrative case due to absence of offense.
- Judicial recognition of valid reasons for the missed filing deadline.
Outcome:
The client successfully avoided an unlawful fine, protected their rights, and preserved the ability to challenge future illegal actions by officials. The court found that the imposition of liability was unfounded and legally void, and that the client’s documentation was decisive in proving legal status.
Execution Time: Approximately 1.5 months from the date of engagement to the court’s decision.
This case demonstrates that even in cases of formally missed deadlines and pressure from authorities, with a well-founded legal position and proper legal representation it is possible to completely overturn an unlawful ruling and restore justice. A professional attorney’s work not only protected the client’s interests but also established a judicial precedent that can aid in similar situations.
