In a case from Kherson, the court made a resonant decision: the summons was not served - the fine is illegal

In Odesa, an appellate court has overturned a UAH 17,000 fine imposed for failure to appear at the TCC, finding the decision illegal due to the lack of key evidence.

According to Intent, the Fifth Administrative Court of Appeal made this ruling after considering an appeal against the decision of the Kherson City Court.

This is a case in which a man was brought to administrative responsibility for failing to appear under summons on August 1, 2025. For this, he was fined UAH 17 thousand for violating the legislation on mobilization.

The court of first instance refused to cancel the fine, citing the fact that the plaintiff had allegedly been duly notified. However, the appeal found the opposite.

The panel of judges found that the case file contained

• there is no confirmation of the delivery of the summons - neither signature nor video recording;
• there is no evidence of mailing or notification of delivery;
• there wasno evidence of an attempted delivery or refusal to receive it.

The court emphasized that without proper notification, a person cannot be considered to have deliberately violated the obligation to appear before the TCC.

Separately, the court considered the plaintiff's statement, in which he had previously agreed to the violation. However, the court of appeal emphasized that such a statement does not relieve the authorities of the obligation to prove the fact of the offense.

The court also noted that

• the burden of proving the legitimacy of decisions lies with the authority;
• the decision to impose a fine cannot be based on assumptions;
• the absence of evidence of service of a summons means that there is no offense.

As a result, the Court of Appeal

• reversed the decision of the court of first instance;
• satisfied the claim;
• declared the fine resolution unlawful and canceled it.

The ruling has entered into force but may be appealed to the Supreme Court.

Earlier, Intent wrote how the Kherson City Court sentenced the head of the freelance military medical commission of one of the city hospitals, who was found guilty of receiving undue benefit for influencing the decision of the MMC.

Андрій Колісніченко