Publication date: 06.06.2024
lawyer, 23 years of experience in enforcement.
Persons held liable for violation of military record keeping:
- Head of the enterprise, organization or institution;
- An employee assigned to keep military records.
It is important to recognize that in cases where individuals challenge the imposition of a fine, the plaintiff often claims that they are not officials who can be prosecuted under Article 210-1 of the Code of Administrative Offenses.
That is, in this type of lawsuit, the courts first determine whether the relevant party has the authority to organize and maintain military records in the corporation.
It is also appropriate to discuss the possibility of involving a natural person-entrepreneur in performing administrative duties and violating the rules of military accounting. In this regard, we recognize that the Law of Ukraine "On Military Duty and Military Service" and the Order do not contain norms that oblige individuals to keep military records.
Definition of illegal actions
In cases where the actions of officials are challenged, the courts must determine whether the TCC or SP has been proven to have violated separate defense, mobilization training, and mobilization laws, including Article 3. In addition, there are cases where the PKU and PP do not define unlawful actions , which are an administrative offense, and the norms they violate.
Examining the recent behavior of judges in this type of case, it can be concluded that courts usually assess whether:
- - indeed, the TCC and SP demonstrated violations of specific rules of defense, mobilization training and mobilization.
- - whether the correct decision on the imposition of a fine describes the specifics of the administrative offense with reference to the relevant points of the process.
In this regard, the Eighth Administrative Court of Appeal in its decision dated February 21, 2024 in case No. 456/3088/23 noted this decision, since the TCS and SP did not clarify what is meant by the offense, they also did not indicate , which norms the employee violated in the procedure. At the same time, the court explained that the case materials did not establish the commission of an administrative crime provided for in Article 210-1 of the Code of Criminal Procedure.
For example, according to another scenario No. 309/1632/23, the TCS and SP noted in the resolution that a criminal case was initiated against the plaintiff for the commission of an administrative crime, provided for in Article 210-1 of the Code of Criminal Procedure. In this special period, the order regarding the notification of 12 conscripts for military service regarding their appeal to the TCS and SP is not properly implemented. These actions caused a violation of para. 7 p. 24 of the procedure according to which the executive bodies of villages, settlements, and cities are obliged to notify the TCC and SP of conscripts, conscripts, and reservists upon appeal. However, in the context of the case, the plaintiff did not inform the SP of any of the 12 persons listed in the order of the TCS. The Eighth Administrative Court of Appeals in the decision of June 21, 2023 in this case came to the conclusion that the form and content of the decision correspond to the legislation of the current era, there are no signs in the case materials that the actions of the official were not of an administrative nature. nature
Notification of the person participating in the administrative process about the place and time of consideration of the administrative complaint is mandatory.
Today, judicial practice provides for the notification of a person involved in an administrative offense about the time or place of consideration of the administrative offense case. This is the basis for canceling the decision on imposing a fine.
Deadlines for drawing up a report on an administrative offense.
Other circumstances that courts pay attention to when considering a case of an administrative offense are provided for in the third part of Article 210-1 of the Code of Administrative Offenses. In addition, the court must be guided by the terms of the administrative offense protocol.
Having studied the existing judicial practice, the following conclusions can be reached:
- - The protocol on an administrative offense must be drawn up no later than 24 hours after the crime was discovered.
- - Violation of the deadline for drawing up the protocol may be a reason for canceling the decision on recovery.
CONCLUSIONS AND PRACTICAL STUDY:
- Familiarize yourself with the procedure for keeping military records at enterprises.
- Appoint someone to keep military records and train them accordingly.
- Explain the rules of military accounting to employees more often.
- We draw attention to the need to inform the TCC and SP about the cases provided for by the legislation.
If you have been charged with an administrative offense report, carefully study it and, if necessary, seek legal assistance from qualified lawyers. Knowledge of the current rules of military accounting and strict adherence to these rules will help managers and lawyers of enterprises to avoid punishment.
Specialists of the legal service "Consultant" will provide legal services for business and help in such matters as the preparation of military accounting for an enterprise, if necessary, prepare documents and appeal fines imposed by the TCC, claims to the debtor, contract preparation, contract preparation, counterparty verification, debtor claims, Preparation of a claim to a debtor, the debtor's claim, and will accompany at all necessary stages to resolve the relevant issue.
