08 September 2024
(Photo: Malynovskyi court/Facebook)
The director of Distributor Service LLC won a lawsuit against the territorial center for recruitment and social support, whose employees imposed a fine of UAH 34,000 on the company.
As stated in the court's decision, the plaintiff requested to cancel the resolution of the TSC.
In substantiating the claim, the plaintiff stated that the resolution he challenged was illegal, unreasonable and subject to cancellation, based on the fact that the officials of the TCC who inspected the company did not provide any documents confirming their authority and that they were members of the commission for verification of the state of military registration, or that they were authorized by their superior to conduct such inspections.
The entrepreneur also noted that the inspection was carried out on May 15, 2024, and the report on the administrative offense was drawn up only on May 31, i.e. in violation of the deadlines, the plaintiff was summoned and not handed the report.
In addition, according to the plaintiff's arguments in the statement of claim, the protocol does not meet the requirements under Article 256 of the Code of Ukraine on Administrative Offenses, as it does not contain the relevant components.
During the hearing, the court found that the military did not provide evidence that the inspection report was sent to the plaintiff, nor did the administrative case file contain evidence that the entrepreneur was not summoned to draw up the report. The administrative case file did not contain the identity of the person who received the summons, his or her powers, or the administrative case file.
Also, as can be seen from the materials provided by the defendant prior to the withdrawal, the said resolution was sent by mail to the Company, but the case file does not contain evidence of its receipt by the plaintiff. The administrative case file did not contain any other relevant and admissible written evidence.
Therefore, the court sided with the entrepreneur.