By Ігор Military Affairs

With the introduction of martial law in Ukraine on February 24, 2022, which is currently ongoing, the issue of mobilization measures for citizens of Ukraine is becoming more relevant every day, without exaggeration.

As is known, the implementation of mobilization measures is carried out by the CCC and the SP, and one of the effective measures, according to the said mobilization body, that should contribute to mobilization is the imposition of fines by the CCC and the SP, which, in turn, raises many questions among those liable for military service regarding these administrative penalties – the CCC’s resolutions on the imposed fines.

Very often, the application of CCC fines is accompanied by legal errors or violation of citizens’ rights.

If you find yourself in a situation where you need to overturn a CCC decision in court, it is important to act promptly and contact a professional lawyer to overturn CCC fines.

A lawyer for appealing CCC decisions will help you understand all the nuances of the case, effectively protecting your rights.

Why is it important to appeal CCC fines?

In cases where a fine is imposed due to failure to update data or failure to appear at a CCC summons, you have the right to proper legal protection.

The decision of the CCC may be canceled under the following conditions:

Lack of evidence of violation.
Violation of the procedure for imposing a fine by the CCC.
Violation of a citizen’s rights during the consideration of the case.
But for other reasons.

An experienced lawyer for the annulment of CCC decisions will help you find violations and annul them in court.

Ways to appeal a CCC fine

There are several basic steps that you need to take to successfully appeal a CCC fine through court :

Enlist the support of a lawyer to appeal CCC fines.
File a lawsuit to appeal the CCC fine in compliance with all legal requirements, which significantly increases the chances of appealing the CCC fine and its subsequent cancellation.
File a proper lawsuit to cancel the CCC fine with the administrative court, which in turn will lead to the cancellation of the CCC fine and the closure of the case.

How to avoid a CCC fine?

To avoid a CCC fine, it is important to:

To fulfill the duties assigned to citizens in accordance with the requirements of the mobilization legislation of Ukraine.
Timely notify the CCC and SP bodies about changes in residence, education, changes in marital status, etc.

If you receive a CCC fine, you need a lawyer to appeal CCC fines, who will, firstly, provide qualified legal advice, and secondly, help you prepare all the necessary documents to appeal CCC fines.

Procedure for appealing a CCC fine

Many conscripts are interested in the question of how to appeal a CCC fine.

The procedure for appealing a CCC fine includes the following stages:

Legal analysis of the circumstances of the case and determination of the grounds for canceling the fine.
Preparation of documents, in particular, filing a claim to appeal a fine from the CCC.
Filing an administrative lawsuit to cancel the CCC fine directly to the court.
Trial with representation of the client’s interests by a professional lawyer regarding the appeal of CCC fines.

If you have received an unlawful fine, a qualified lawyer will help you get the CCC fine for failure to appear on a summons or for other reasons canceled in court.

How to prepare a lawsuit to cancel a CCC fine?

To successfully appeal a CCC fine, it is important to competently file an administrative claim with the court, which must reflect all violations of the requirements of the Law, in particular the administrative legislation of Ukraine, which must be recorded in the administrative claim itself and which the court must assess during legal proceedings to cancel the CCC fine.

That is, your actions as a plaintiff must comply with the procedure provided for by law, in particular:

Clearly state the reasons for canceling the CCC fine.
In your claim, state the facts and all circumstances that support your position and the illegality of the CCC fine.
Please indicate which of your rights were violated when the CCC imposed a fine.

The law firm “Naumenko and Partners” will help you draw up a well-founded and qualified administrative claim to the court and subsequently carry out proper protection (representation) of interests in the legal process, taking into account all the legal nuances of this category of cases.

The most common reasons and grounds for canceling CCC fines

Most often, courts grant claims on the following legal grounds:

Lack of confirmed fact of service of the summons.
Absence of elements of an administrative offense.
Incorrect execution of the offense report.
Inconsistency of the amount of the fine with the norms of the law.
But for other legal reasons.

Why is it worth contacting a professional lawyer to effectively appeal a CCC fine?

Cases concerning appeals of CCC fines require in-depth knowledge of the legislation, in particular the requirements of the administrative legislation of Ukraine and current judicial practice regarding the cancellation of CCC fines.

A lawyer for the annulment of the CCC decision will conduct a full legal analysis of the case and propose the most effective defense strategy, in particular, will help:

Will overturn the CCC’s decision in court.
Will help to appeal the decision of the CCC in court.
Represent your interests in court during the procedure for appealing a CCC fine for failure to appear at the CCC.

How to win a case to cancel a CCC fine: help from a qualified lawyer

A qualified lawyer from the law firm “Naumenko and Partners” will help you win a case challenging a CCC fine.

Thanks to many years of experience, our lawyers:

They will carry out the procedure for appealing the CCC fine in accordance with all legal norms.
They will help to overturn the decisions of the CCC and CCC fines in court, even in complex cases.
They will provide full legal support for appealing the CCC fine until the final resolution of the case.

Cost of appealing a CCC fine

The price of services for canceling a CCC fine depends on the complexity of the specific case.

We guarantee transparency and fairness in determining the cost of appealing CCC and SP fines.

The main legal services for canceling the CCC fine include:

Legal and comprehensive analysis of the case regarding the illegality of the fine imposed by the CCC.
Preparation of an administrative lawsuit.
Representation of the plaintiff’s interests in court.
Full legal support for the case regarding the cancellation of the CCC fine.

The price of an oral consultation on appealing against CCC fines is from 700 UAH.

Preparation and drafting of an administrative claim for the cancellation of a fine by the Traffic Police – from UAH 5,000.

The price of full support for defense cases (representation) regarding appealing against CCC fines in court or CCC is from UAH 12,000.

Our law firm provides legal services for appealing against CCC fines, including representation and protection of interests in Kyiv, Kyiv region, and throughout Ukraine.

Seek qualified legal assistance.

The law firm “Naumenko and Partners” offers qualified services for canceling CCC fines, regardless of the complexity of the case.

Our lawyers will help you appeal the CCC’s decision through court quickly and effectively.

Do not postpone solving the problem of canceling CCC fines!

Current issues related to appealing the CCC and SP fine

What is the cost of the CCC and SP fine?

Violation of the rules of military registration, as defined in Articles 210, 210-1 and 211 of the Code of Administrative Offenses, determines the following penalties : for citizens (military servicemen) – a fine of from 17,000 to 25,500 UAH. for legal entities and their officials – a fine of from 34,000 to 59,900 UAH.

Who among those liable for military service does not need to update their data?

The following category of citizens do not need to specify their account details :

Persons who are not citizens of Ukraine.
Citizens who have been excluded from military registration as being limitedly fit or unfit for military service.
Citizens under 18 years of age.
Citizens who have reached the age of 60, etc.

What is the deadline for appealing a CCC fine?

The deadline for appealing a fine by the CCC is 10 days from the date the CCC’s resolution on the fine was adopted; however, for good reasons (untimely receipt of the resolution, failure to send the resolution to the person against whom the fine was imposed, and other reasons), the court may extend the specified procedural deadline at the request of the plaintiff.

Who can adopt a resolution to impose a fine on the CCC?

Only the head of the relevant CCC and the SP authorized to do so may issue a resolution to impose a fine on the CCC.

How to find out about a CCC fine already imposed on a conscript ?

According to the provisions of the Code of Administrative Offenses, which defines and regulates the procedural procedure for bringing a person to administrative responsibility, including a person subject to military service, when imposing a fine by the CCC, the latter must be duly notified of the date and time of consideration of the case on the administrative offense, as well as after the adoption of a resolution on imposing a fine by the CCC, such a procedural decision in accordance with Article 285 of the Code of Administrative Offenses must be made urgently (within three days it is handed over or sent to the person against whom it was issued) however, as practice confirms in such cases, the conscript learns about the existing CCC fine, as a rule, from the state bailiff, who has initiated the procedure for the forced execution of the resolution (imposes an arrest on salaries and other cash accounts, describes the property and transfers it for sale), in such situations it is necessary to immediately seek legal assistance from a lawyer for appealing CCC fines, who will quickly conduct a legal analysis of the situation regarding the legality of the CCC fine imposed and prepare an appropriate lawsuit to the court to cancel the CCC fine in court.

Within what period do CCCs have the right to impose a fine?

In accordance with the provisions of the current Code of Administrative Offenses, the CCC may impose a fine on a conscript who violated the requirements of the mobilization legislation of Ukraine within 3 months from the date of detection of the violation, but no later than 1 year from the date of commission of the violation.

What awaits a conscript if he does not appeal the CCC fine ?

If a conscript, in respect of whom a decision was made to impose a fine by the CCC, does not appeal such a decision by the CCC administratively or in court, this person, in accordance with the provisions of Article 308 of the Code of Administrative Offenses, shall be charged double the amount of the fine already imposed and such a decision shall be subject to compulsory execution, upon receipt of which the state bailiff shall immediately seize the offender’s money accounts (block payment cards), seize movable and immovable property, and also carry out other measures of a coercive nature to collect the double amount of the fine.

In the future, if there are several such CCC fines (2 or more), a conscript who has not appealed the CCC and SP fines may be held criminally liable under Article 336 of the Criminal Code of Ukraine ( evasion of conscription for military service during mobilization, for a special period, for military service by conscription of persons from among reservists in a special period) and such cases are currently becoming more frequent every week, and therefore delay in appealing CCC fines may lead not only to property problems (collection of a significant CCC fine), but also to criminal liability under Article 336 of the Criminal Code of Ukraine.

HOW TO APPEAL A TCC FINE