If a person liable for military service says they showed their military registration document in the “Reserv+” app, but the TSCC claims that the document wasn’t presented — they must prove it in court.
According to the decision of the Fifth Administrative Court of Appeal dated October 24, 2024, in case №523/14225/24 concerning a citizen’s lawsuit, administrative liability is only possible if there is a violation and the person’s guilt in committing it, which must be proven with appropriate evidence. Such evidence might include photos or videos of the violation, specifically video footage of the document not being presented. If there is no evidence, the TSCC’s decision must be canceled. If no evidence is provided, all doubts regarding the person’s guilt should be interpreted in their favor.
In August 2024, a man filed a lawsuit against the TSCC regarding the cancellation of a fine of 25500 UAH. The plaintiff stated that the TSCC’s decision was made without reference in the protocol to documents that would indicate the fact of the violation. The protocol supposedly did not contain the essence and description of the circumstances of the violation or reference to the person whose request the citizen did not show the document.
In July 2024, at a public transport stop, a TSCC representative entered and asked the plaintiff to show his military registration document and passport. After showing his passport, the plaintiff informed that on May 21, 2024, he updated his data in the TSCC and underwent a medical examination. As proof, the man provided data from the “Reserv+” app. According to the protocol, he did not present a military registration document, which resulted in a fine decision being issued a few days later.
The person liable for military service notes that he is registered at the Peresyp TSCC in Odessa, information about which is in “Reserv+” according to the extract from the app. According to the resolution of the Cabinet of Ministers “On the approval of the Procedure for preparing (creating) and issuing a military registration document,” “Reserv+” allows presenting a military registration document in electronic form, which he did, according to the plaintiff.
However, the Suvorovsky District Court of Odessa denied the lawsuit on the grounds that presenting “Reserv+” does not constitute the presentation of a registration document. The appellate court panel recognized the grounds for granting the appeal. The court established that, according to the Law of April 11, 2024, № 3633-IX, the TSCC must perform video recording of document checks using technical devices from July 17, 2024. Presenting the “Reserv+” app meets the requirements of part 6 of article 22 of Law №3543.
The court found that the Peresyp TSCC provided no evidence in the case of the plaintiff not presenting a military registration document and did not prove the legality of bringing the plaintiff to administrative responsibility. Therefore, the appellate court considers that the court of first instance was mistaken in its conclusion about the plaintiff’s guilt. The panel of judges believes that the TSCC’s decision should be canceled, and the proceedings concerning the administrative offense should be closed.
Source: “Judicial-Legal Newspaper”
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