Territorial Recruitment Centers may impose fines on those who fail to update their data 2 months after new mobilization bill
The Territorial Recruitment Center (TRC) can fine men who came to update their data, but were not registered before, The Ukrainian Parliament Committee on National Security member Oleksand Fadienko said on Aug. 3.
He commented on similar cases and the positions of the courts in such cases.
Mobilization has been going on in Ukraine since the first day of the full-scale invasion. The authorities have repeatedly changed the mobilization legislation, so new rules for conscription are in effect from May 18.
Common cases when men who were not registered were fined
Oleksandr Fadienko cited widespread cases when men who were not registered, but came to the TRC to update their data, were fined.
"I was contacted by citizens who, after registering on time in the Reserve+ application, received a message there that they should contact the TRC to clarify their data," Fadienko said.
"The first conscript was not registered with the TRC, but after he applied to the TRC to clarify his data, having updated through Reserve+ application, he received a fine of UAH 17,000 (about $400)."
"The second one lost his military ID somewhere, and when he came to update his data, after he had already done it through Reserve+, he also received a fine of UAH 17,000 (about $400) due to the loss of his military ID."
"The third case is similar to the second one, but there the conscript had a certificate from the police regarding the theft of his documents together with a military ID. This citizen was also fined, although not UAH 17,000 (about $400) but UAH 5,100 ($120). This TRC might have received some other explanatory instruction."
"All TRC fines are imposed in compliance with current legislation, there are no questions for the managers of these TRCs," he said.
"Although it is not clear to me, to be honest, I am sure that in the first case it was possible just to issue a warning."
Is it possible to be fined for non-registration in previous years
Courts have taken different positions on this. Some courts believe that it is necessary to establish the date of commission of the corresponding administrative offense — in particular, failure to register for military service, and depending on this to apply the law that was in effect at the time of the commission of the offense.
In accordance with Part 1 of Art. 8. of the Code of Criminal Procedure, a person is liable on the basis of the law in force at the time and place of the commission of the offense.
Law No. 3696-IX, strengthening responsibility for violating military accounting rules and increased fines for citizens to UAH 17,000-25,500, ($400-620) entered into force on May 19. Laws that establish or increase liability for administrative offenses do not have retroactive effect.
That is, some courts believe that if a man committed a violation before May 19, for example, lost a military ID, then the article of the Code of Criminal Procedure in the version that was in effect until May 19, should be applied. Therefore, it is necessary to apply both the "old" limitations of the term for prosecution and the "old" fine.
Other courts believe that the concept of continuing offense should be applied. That is, a person commits an offense until it is stopped by evading registration. Therefore, there is no time limit here, and the TRC can impose fines at any time.
However, the Code of Administrative Offenses does not define "ongoing offense" notion.
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