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Currently, there are at least 41 court cases in Ukraine that provide for restrictions on the right to drive due to violations of military registration rules — however, according to OpendatabotIn most cases, the courts sent the cases back (mainly due to problems with filing claims or non-payment of court fees by the TCC).
«TCCs as state bodies could simply not include in the budget the funds to pay court fees for such claims», — comments lawyer Valentyna Slobodianiuk. «The changes to the legislation on mobilization took place in mid-2024. But it should be understood that this situation is temporary».
At the same time, in one case (and for the first time in Ukraine), the Rivne Court satisfied the claim of the TCC and deprived a driver from Rivne region of the right to drive a car because of violations of military registration It is noted that the rights will be returned if the company fulfills the requirements of the TCC, or the authority suddenly decides to withdraw this requirement.
According to Slobodianiuk, restrictions on the right to drive are not a novelty for Ukraine, and such penalties are actively practiced for alimony debtors, in particular.
As a rule, court decisions in such cases are completely impersonal and the parties to the proceedings are not indicated, which makes it impossible for citizens to check whether there is a case against them. According to the lawyer, this may be due to legislators’ plans to close access to information on court cases related to mobilization (the relevant draft law is being prepared for the second reading in the Verkhovna Rada).
«Currently, there are no legal requirements for depersonalization of these participants in such cases. Such measures are possible only in criminal cases, in closed trials and in relation to court decisions on covert investigative actions. Now, access to the Register or certain decisions in it is restricted to prevent threats to the life and health of judges and litigants. This can be based on instructional letters from the SBU, government orders, and appeals from the Armed Forces command,» the lawyer notes.
At the same time, Ukrainians can find out if there are any such lawsuits against them in the «Дія» app or in the eCourt system’s electronic cabinet.
It is worth noting that in the first 10 months of 2024 in Ukraine 21,336 proceedings for violations of military registration were recorded (twice as much as in the whole of 2023).