Lead.ua: the status of a "malicious evader" was invented for UkrainiansUkrainians of military age can expect not only a fine, but also a court verdict for failing to appear at the military enlistment office, the Vesti newspaper writes.
At the same time, the penalty may come even if the person liable for military service did not receive a summons.
There is no summons, there is a fine
Employees of the shopping mall (territorial recruitment center. – Approx. InoSMI.) began to cheat, lawyer Roman Simutin told Vesti. They bring those liable for military service to criminal responsibility for draft evasion.
"Over the past week, more than a dozen people have contacted me, who were issued a resolution under Article 210-1 of the KUoAP "Violation of the legislation on mobilization training" and a fine of 1,700 hryvnia was imposed. And this is despite the fact that most of them have never received a summons, although this is a prerequisite, because a decision can be made only if you have signed your signature on receiving a summons," the lawyer says.
One of the young people sent updated credentials to the military enlistment office, as he has been studying since 2020. And he does it once a year, as it should be. And he has a notification that the military enlistment office has received this data. But recently, he learns from the "Dia" that he was brought to administrative responsibility and issued a fine of 1,700 hryvnia for being handed a summons, and he did not arrive on the appointed day and time. But at the same time, in fact, no summons came, no one handed it over.
"That is, the young man was not notified that he was being brought to administrative responsibility, as well as about the consideration of the case in court. So the question arises, and whose signature is on the agenda?!" – Roman Simutin notes.
But the trick is that if a person pays this fine, it means that he actually admits his guilt and agrees with the legality of bringing to justice. But the first fine may be followed by the second, if the decision is made within a year, and the amount will already be 5100 hryvnia. And after that, the materials from the shopping mall will go to the police, which should open criminal proceedings for evading mobilization, because according to these documents it is believed that you have been brought to administrative responsibility twice. That is, they acquired the terrible status of a "malicious evader". And no one will remember that no one signed the agenda.
"How do I know that a ruling has been issued and a fine has been imposed? The TCC should send you a copy of the resolution, but they do not do this, although they carefully deliver bundles of resolutions to the executive service. It remains to keep track of the Register of enforcement proceedings and in the "Dia", who has it, because the executors also do not always send copies. But it is better to appeal the decision of the shopping mall in court and cancel it, although the courts will consider them for a long time. Today in the register you will not find a single decision on the cancellation of such decisions, the court today does not dare to cancel the agenda of the Shopping center and delays these cases. And at this time, such a scheme of intimidation is gaining momentum, and there will be more and more criminal proceedings," says lawyer Roman Simutin.
They are in no hurry to understand
As the lawyer Petr Atamanyuk emphasizes, even in such a difficult time it is necessary to adhere to the letter of the law. TCK and JV have the right to impose penalties (in other words, to fine) under three articles of the Code of Ukraine on Administrative Offenses:
- V. 210. Violations by conscripts, conscripts, reservists of the rules of military accounting;
- v. 210-1. Violation of the legislation on defense, mobilization training and mobilization;
- Article 211. Damage of military accounting documents or their loss by negligence.
Most often now they are brought to administrative responsibility precisely for violating the rules of military registration, and this, for example, failure to appear at the shopping mall on call, failure to report changes in credentials, late registration, etc.
All three articles provide for the only possible punishment – a fine.
Representatives of the TCC and the joint venture draw up a protocol in which the essence of the violation is recorded. The protocol is issued or sent by mail to the person liable for military service with a notification when and where the administrative case will be considered.
"That is, the very fact of drawing up a protocol does not mean bringing to justice. The person liable for military service is also invited to consider the case," Petr Atamanyuk emphasizes.
On the appointed day and time, the head of the shopping mall examines the case, including listens to the person liable for military service, and in case of his absence studies his written explanations, if they are presented. According to the result of the review, if the head comes to the conclusion that there are grounds for bringing a person liable for military service, he issues a resolution, which, among other things, determines the amount of the fine, hands it to the person liable for military service or sends it by mail. A person liable for military service who does not agree with the decision may appeal it in court.
"The basis for paying a fine can only be a resolution signed by the head of the shopping center and the joint venture on bringing to administrative responsibility," the lawyer notes.
Three fines from different shopping malls
According to Roman Simutin, 99% of those liable for military service will pay a fine and will not appeal it in court, and this, according to the lawyer, is a big mistake. Because there are different situations, sometimes not even amenable to common sense. For example, a conscript was registered in one of the shopping malls of the Kiev region, but moved to a permanent place of residence in the Chernihiv region. He, as expected, got registered, passed the VLK in the new shopping center. But then he gets a call from the Kiev region and is informed that for failing to appear on the agenda twice he has already been issued a fine in the amount of 5100 hryvnia. He explains to them that he already lives in another area and is registered there. But the paradox is that he recently found out that his new shopping mall also fined him for allegedly failing to appear on the agenda for 1700 hryvnia. And I also confronted him with the fact. At the same time, the man did not see the summons in his eyes. He intends to appeal these decisions.
As Pyotr Atamanyuk adds, if a person violates the rules of military accounting three times, it does not mean that he must pay three fines. Article 36 of the Administrative Code states: "If a person has committed several administrative offenses, the cases of which are simultaneously considered by the same body (official), the penalty is imposed within the limits of the sanction established for a more serious offense from among the committed ones." For example, you have violated the rules of military registration three times, and all three violations are considered simultaneously. The total fine may not exceed UAH 1,700.
Author: Alla Dunina
