Courts cancel fines from the TCC: 88% of cases in favor of plaintiffs

In the 3 months since the new rules on military registration and their violation came into force, Ukrainian courts have heard at least 34 cases of Ukrainians challenging fines from the TCC. In most cases, the courts ruled in favor of the plaintiffs and canceled the fines.

It is noted that out of 34 cases, fines from the TCC were canceled in 30 cases, which is more than 88%. In only four cases, the courts refused to hear the citizens and upheld the fines. We are talking only about fines for violating the rules of military registration under the amendments to Article 210 of the Code of Administrative Offenses adopted in May 2024. Such violations can be fined from UAH 17 thousand to UAH 25 thousand.

In most cases, the repeals relate to violations that occurred before the amendments to the law came into force. The courts take into account that the law does not have retroactive effect — therefore, it does not allow punishing an old offense under the new rules. For example, a woman demanded that the TCC fine be canceled in courtsince there was no obligation to register at the time the plaintiff was getting her medical degree, so the court canceled the fine. By the way, this is the only case in the registry where a woman challenged the fine from the TCC. In all other cases, the plaintiffs are men.

In 20% of cases, the fines were appealed due to violations of the procedure of bringing to responsibility or lack of evidence of an offense. Examples of such cases include managed to appeal against a fine for not registering a man with the RTC for military servicewho had received a temporary certificate of military registration 2 weeks earlier.

Another striking example is a man went to courtwho came to the TCC to clarify the data, was fined instead. In the ruling, the TCC representatives failed to prove the offense and missed the deadlines for punishment, so the court canceled the fine.

To recap, Since the beginning of the year, the TCC has issued almost 12 thousand fines. This is more than in all of 2023.

Source: opendatabot