I didn't receive the summons, but I was fined for not appearing at the military enlistment office. What did the court decide?

A resident of Kharkiv appealed to the court to contest a fine of 17,000 hryvnias imposed on him by the TCC for failing to appear in response to a summons. The man won the case.

This became known from the open register of judicial decisions. The plaintiff claimed that the head of the TCC grossly violated the requirements of Articles 278 and 279 of the Code of Administrative Offenses, as he did not provide the man with the opportunity to exercise his rights during the consideration of the administrative offense case. In particular, his rights were not explained to him, and all circumstances regarding the issuance of the summons, the correctness of the notification method for appearing at the TCC, and the validity of the reasons for failing to appear were not clarified.

The ruling states that the man did not appear on December 29, 2024, at the time and place specified in the summons. The plaintiff noted that he timely updated his registration details, but they had not changed by November 29, 2024.

The man added that he did not receive any messages or summons regarding his appearance at the TCC at his registered address, his residence, or his email. Additionally, no one called him inviting him to the TCC. He learned on December 17 from a police officer that he had supposedly ignored the summons and appeared at the TCC the same day.

The plaintiff requested the court to satisfy his claims and to consider the case without his participation. The representative of the defendant did not appear at the court hearing.

The court established that the ruling on the fine does not reference evidence confirming the plaintiff's receipt of the summons. Moreover, given the lack of evidence in the case regarding the proper dispatch of the summons to the plaintiff's residence, the court had reasonable doubts about the existence of this summons at all. There is also no evidence regarding its proper dispatch to the man.

Based on the established circumstances, the court concluded that the ruling on the fine for failing to appear in response to the summons was illegal in this case. The court granted the man's claim and recognized the actions of the TCC head as unlawful. The ruling imposing the fine on the plaintiff was overturned.

The court also decided to recover the plaintiff's court fees for filing the claim from the TCC, amounting to 1,211 hryvnias, from budget allocations.

Earlier, "Telegraph" reported that the Yavoriv District Court of the Lviv region made a decision in the case of a resident of the Kharkiv region, who went AWOL (unauthorized absence) and was absent from service for six months. The man received several years of imprisonment.