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Марія БровінськаWar
6 April 2025, 13:30
2025-04-06
The programmer appealed the RSSC fine of UAH 25,500, allegedly for failing to appear for a summons that he did not receive. How it happened
The Desnyansky District Court of Kyiv considered the case of a programmer from LLC «PIK Resources», who received a fine from the RSSC, allegedly for failing to appear at the recruitment and social support centre, although he did not receive a summons.
The Desnyansky District Court of Kyiv considered the case of a programmer from LLC «PIK Resources», who received a fine from the RSSC, allegedly for failing to appear at the recruitment and social support centre, although he did not receive a summons.
The programmer went to court to appeal a fine of UAH 25,500 for allegedly failing to appear for a summons at the time specified in it.
In accordance with the summons from the RSSC No. 1184987 dated November 13, 2024, the plaintiff was summoned to clarify the data on November 26, 2024 at 2:00 p.m.
According to Protocol No. 681 on administrative offense dated March 4, 2025, on the specified date, he did not arrive at the RSSC’s call within the time specified in the summons, which he did not pick up from the post office.
On March 4, 2025, the plaintiff wrote a handwritten written explanation to the head of the RSSC with the following content, verbatim:
«I did not receive notifications from Ukrposhta about a letter with a summons, either physically or in the Ukrposhta application. Marital status: married. Property status: I work at PIC Resources LLC as a programmer.»
In accordance with Resolution No. 681 on the administrative offense case, the programmer was fined UAH 25,500 for failing to appear at the RSSC’s summons within the time specified in the summons, which the plaintiff did not pick up from the post office.
No specific legal evidence was provided that reliably recorded the fact that the plaintiff received the summons or that the plaintiff was informed about the need to pick up the summons from the post office of the court. Similarly, no evidence was provided to the court that the plaintiff was informed about the need to pick up the summons from the post office, other than the defendant’s own reference to this.
The court granted the programmer’s claim, canceling the administrative offense resolution and the fine of UAH 25,500.
The RSSC is also charged a court fee of UAH 484.48 from budget appropriations.
An appeal against a court decision shall be filed within thirty days. The court decision shall enter into force upon the expiration of the period for filing an appeal by all participants in the case, if no appeal has been filed.
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