In Kherson, a court overturned a fine imposed on a man for failing to appear at the Territorial Recruitment Center

The Kherson City Court overturned a fine of 17,000 hryvnias imposed on a man for allegedly failing to appear in response to a summons to the Territorial Center for Recruitment and Social Support. The court also dismissed the administrative offense case.

This is stated in the decision of the Kherson City Court

As the court established, the head of the Territorial Recruitment and Social Support Center issued the fine order on January 22, 2025. The man was charged under Part 3 of Article 210-1 of the Code of Administrative Offenses—violation of legislation on defense, mobilization preparation, and mobilization during a special period.

The man appealed the ruling, claiming that he had not received the summons in the manner prescribed by law. According to the case file, he only learned of the fine after enforcement proceedings were initiated and his bank accounts were frozen. On May 26, he received a copy of the TCC’s ruling and the case materials from the state enforcement officer.

The plaintiff also noted that at the time the ruling was issued, he was registered as an employee of the Infrastructure Restoration and Development Service in the Kherson region, was registered with the military, had updated his information in a timely manner, and was using the “Reserve+” app.

The court noted that the TCC’s ruling did not even specify the number or date of the summons. Furthermore, according to the court’s findings, there was no evidence that the man had been properly notified—specifically, no record of the summons being served or of him being informed via phone.

Furthermore, the decision did not specify exactly what offense the man had committed, for what purpose he was required to appear at the TCC, or what the violation actually consisted of.

The defendant did not provide the court with evidence refuting the plaintiff’s arguments. In administrative cases, the burden of proving the legality of its decision rests with the authority.

As a result, the court ruled that the TCC’s decision was unlawful, overturned the 17,000 hryvnia fine, and dismissed the administrative offense proceedings due to the lack of proven elements of an offense.

Андрій Колісніченко