According to the new law on mobilization, all Ukrainian citizens liable for military service had to update their data within two months. This period expired on July 16, 2024. But summonses continue to be handed out to Ukrainians on the streets.
ICTV Facts contacted Vladislav Martynchuk, a lawyer in the judicial practice of the YUKK De-Yure,, to find out what to do if you signed a summons and did not show up at the TCC during wartime.
What happens if you signed a summons and did not show up
— Liability for failure to appear in response to a summons to the TCC and SP, which was properly served, is provided for in Article 2101 of the Code of Administrative Offenses. Thus, during martial law, such a failure to appear can cost the violator from 17,000 UAH to 25,500 UAH, — notes the lawyer.
In peacetime, fines are significantly less, but are still calculated in thousands of hryvnias — up to 8,500 UAH for the first violation and up to 11,900 UAH — in case of repeated violation within a year.
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We are talking about all summonses, except for the mobilization order (dispatch summons). For failure to appear on this summons, the person faces imprisonment from 3 to 5 years.
Is there a fine if you sign a summons and fail to appear in 2024
At the same time, the legislation provides a list of valid reasons for failure to appear for a summons within the time limit established in the agenda.
Cases when it will be possible to avoid liability if you sign a summons for dispatch and fail to appear:
- natural obstacle;
- citizen's illness;
- military actions on the relevant territory and their consequences;
- death of a close relative (parents, wife (husband), child, sibling, grandfather, grandmother) or a close relative of his wife (husband).
— At the same time, in case of non-arrival for valid reasons, the TCC and JV must be immediately (but no later than within 3 days) notified of the existence of such circumstances to the TCC and JV, and then appear within 7 days, — noted the lawyer.
The issue of bringing to administrative responsibility for failure to appear on a summons is decided by the TCC and SP, about which a resolution is drawn up. Such a decision may be appealed to the court.
If the decision to impose a fine is not appealed (and subsequently canceled by the court), it is subject to execution. The fine must be paid within 15 days from the date of receipt of the decision, and in case of unsuccessful appeal — within 15 days from the date of receipt of notification of the court decision to leave the complaint without consideration. Otherwise, the fine will have to be paid in double amount.
— In this case, the decision to impose a fine is an executive document. This means that if the fine is not paid voluntarily, then the decision is subject to compulsory execution by the State Executive Service of Ukraine, — says the lawyer.
The appeal can be imposed on the debtor’s funds, on his property and on income (salaries, etc.).
