Recently The Ministry of Defense has launched a project to automatically generate and serve summonses to persons liable for military service. By the end of 2024 it is planned to print 900 thousand such summonses.
Later The Cabinet of Ministers introduced new rules for delivery of summonses to the TCC. As a reminder, the postal worker must personally deliver the summons to the addressee, and if the addressee is absent, notify him or her by phone or by means of a paper notice. If the addressee fails to appear to receive the letter within 3 business days after the notification, the postal worker will mark «addressee is absent at the specified address» and the letter will be returned to the sender. It is worth noting that, in accordance with the updated legislation, the day of marking the absence of a person at the address of the declared/registered place of residence is considered the day of service of the summons.
Thus, it is considered that a person liable for military service has received a call-up notice, even if he or she has not actually received it and is not aware of its existence. At the same time, upon return of the undelivered summons, the MCC may impose a fine on the person liable for military service and equate him or her to an evader. Thus, such a fine will be, in fact, “in absentia”. As a reminder, currently the amount of such a fine can range from UAH 17 thousand to UAH 25.5 thousand.
It is worth noting that the resolution of the MCC is an enforcement document. Therefore, if a person liable for military service does not pay the fine voluntarily, enforcement proceedings may be initiated against him or her and recovery of accounts may be initiated.
The Ministry of Justice pointed out that in accordance with Article 308 of the Code of Administrative Offenses, if the offender fails to pay the fine within the period established by Part 1 of Article 307 of this Code, the decision to impose a fine is sent for enforcement to the state executive service (SES) at the offender’s place of residence, work or at the location of his property in accordance with the procedure established by law.
State enforcement officers take measures to enforce decisions by foreclosing on the debtor’s funds and property.
Paragraph 1 of Part 1 of Article 48 of the Law stipulates that the foreclosure of the debtor’s property consists of its seizure, withdrawal (debiting of funds from accounts) and forced sale (presentation of electronic money for repayment in exchange for funds transferred to the relevant account of the state enforcement service).
At the same time, pursuant to Article 56(2) of the Law, the debtor’s property (funds) is seized by the enforcement officer by issuing a resolution on the seizure of the debtor’s property (funds) or on the inventory and seizure of the debtor’s property (funds).
Article 48 of the Law provides that the enforcement documents are enforced primarily on the debtor’s funds in national and foreign currencies, other valuables, including funds on the debtor’s accounts in banks and other financial institutions.
The fine must be paid no later than 15 days from the date of delivery of the resolution imposing the fine. You can also go to court to appeal against such a decision. From the beginning of the new rules for registration of persons liable for military service the courts have already considered more than 300 cases on the abolition of TP fines and in most cases take the side of the plaintiffs.
Source: Judicial and legal newspaper
Spelling error report
The following text will be sent to our editors: