The Sosnivskyi District Court of Cherkasy considered a case in which a programmer from Kyivstar Tech appealed the decision to impose a fine of UAH 17,000 on him for violating military registration rules. We provide the details.
The Sosnivskyi District Court of Cherkasy considered a case in which a programmer from Kyivstar Tech appealed the decision to impose a fine of UAH 17,000 on him for violating military registration rules. We provide the details.
According to the case materials, the programmer filed a lawsuit with the court, in which he requests to declare the resolution of January 17, 2025, which held him administratively liable for violating the legislation on defense, mobilization training and mobilization, and imposed an administrative penalty in the form of a fine of UAH 17,000, unlawful and to close the proceedings.
The plaintiff justifies his claims by the fact that he works as a software engineer at Kyivstar.Tech LLC, and therefore, in accordance with the order of the Ministry of Economy of Ukraine No. 8581 dated April 8, 2024, he was granted a deferment from military service during mobilization until October 8, 2024. The validity of this deferment was automatically extended until February 8, 2025.
The plaintiff notes that the documents confirming the fact of reservation were sent by the employer to the TCC in a timely manner, but the latter did not enter information about the granted deferment into the Unified State Register of Conscripts, Military Obligors and Reservists. In this regard, in January 2025, the plaintiff was served with a summons demanding to appear at the recruitment center, where he was forcibly detained and issued a referral to undergo a military medical commission. Despite the fact that the plaintiff did not express a desire to undergo a medical examination, since he was reserved, on January 17, 2025, the head of the CCC issued a resolution holding the plaintiff administratively liable for refusing to undergo a medical examination.
The plaintiff claims that his referral to the VLK was unlawful, and therefore the refusal (which, in fact, did not occur) could not entail administrative liability.
In connection with the above, the AI member asks the court to declare the contested resolution unlawful, cancel it and terminate the proceedings in the case of an administrative offense, as one that was opened without legal grounds.
The court established that at the time of drawing up the protocol on the administrative offense and issuing the resolution, the plaintiff had a valid deferment from military service during mobilization, which was extended in accordance with the procedure established by law until February 8, 2025.
However, the defendant did not provide any evidence that would refute the plaintiff’s arguments, in particular, it was not proven that the plaintiff did not have a deferral, independently expressed a desire to undergo a medical examination, or that his referral to a medical examination was carried out within the limits of the authority and in compliance with the requirements of the law. The court also did not establish that the plaintiff violated the obligations specified by law regarding the medical examination.
The court granted the programmer’s claim, canceled the fine and closed the administrative offense case.
The court fee in the amount of UAH 606.6 must be paid by the defendant, i.e. the CCC.
The decision may be appealed to the Sixth Administrative Court of Appeal within ten days from the date of the full text of the court decision.
The court decision becomes final after the deadline for filing an appeal by all participants in the case, if no appeal has been filed.
In the event of an appeal, the decision, if not overturned, becomes final upon the return of the appeal, the refusal to open or close the appeal proceedings, or the adoption of a resolution by the court of appeal following the results of the appeal review.
