The Bashtanskyi District Court of Mykolaiv Oblast overturned the ruling on a fine of UAH 5,100 for ignoring the summons. The man was notified about the consideration of the case via the Viber messenger.
The Bashtanskyi District Court of Mykolaiv Oblast overturned the ruling on a fine of UAH 5,100 for ignoring the summons. The man was notified about the consideration of the case via the Viber messenger.
This is stated in the case from the Unified State Register of Court Decisions. It notes that the man appealed the decision, according to which he was held administratively liable in the form of a fine of 5,100 UAH for violating the obligation to mobilize.
He reported that in August 2023, he accidentally learned that enforcement proceedings had been opened against him. The man noted that on June 19, 2023, he went to the nearest territorial recruitment center and joined the Defense Forces.
The CCC, which is the defendant in the case, stated that it served the plaintiff with a summons on June 18, 2023, requiring him to appear at 8 a.m. in three days. The statement alleges that the man failed to appear for the summons and did not provide a reason.
«The plaintiff was notified in writing via messenger about the consideration of the case, and a copy of the protocol was sent there. Later, a copy of the protocol was sent to the plaintiff’s residential address,» the CCC noted.
The man noticed that the summons did not include the date and time of his summons to the CCC, did not indicate where exactly he needed to appear, and did not include the name of the document.
«In addition, the plaintiff notes that it is impossible to establish the date and time of the Viber correspondence, indicating that the protocol has handwritten notes that are illegible,» the case states.
The court ruled that the CCC employees did not provide proper and admissible evidence of serving the plaintiff with a summons indicating the specific date, time, and place of appearance. The judge also pointed out the lack of evidence of proper notification of the man about the date and time of the administrative offense case.
The court’s decision states that messaging via messengers is not provided for by law as an appropriate way to summon those liable for military service.
