Court cancels a 17,000 hryvnia fine imposed by the Territorial Recruitment Center on a military reservist due to violation of the time limits for administrative liability

The Dubno City District Court of Rivne region considered an administrative case on a citizen's claim against the Territorial Recruitment and Social Support Center and another defendant regarding the cancellation of a decision on an administrative offense.

Case circumstances

The plaintiff appealed the decision of the head of the Territorial Recruitment and Social Support Center No. 1/352 dated May 15, 2025, which held him administratively liable under part three of article 210-1 of the Code of Ukraine on Administrative Offenses and imposed a fine of 17,000 hryvnias.

The plaintiff was found guilty of two violations:

• failure to appear upon summons on November 8, 2024, to the Territorial Recruitment and Social Support Center (the summons was sent by registered mail and returned on November 10, 2024, due to absence of the addressee);
• failure to update personal data within 60 days during the period from May 18, 2024, to July 16, 2024 (the plaintiff updated the data only on November 9, 2024).

The plaintiff stated that he did not receive the summons, was attending studies as a student at the time of the summons, and that by the time the decision was issued on May 15, 2025, the three-month period for bringing to administrative responsibility, as provided by part seven of article 38 of the Code of Ukraine on Administrative Offenses, had expired. The plaintiff requested to cancel the decision and close the proceedings in the administrative offense case based on point 1 of part one of article 247 of the Code of Ukraine on Administrative Offenses due to the absence of the event and composition of the administrative offense.

The representative of the Territorial Recruitment and Social Support Center in the response considered the decision lawful and justified, since the violation was detected on May 15, 2025, during the delivery of the plaintiff to the Territorial Recruitment and Social Support Center. The second defendant requested to deny the claim, as the decision was not issued by him.

Court decision

The court satisfied the claims against the Territorial Recruitment and Social Support Center and denied the claims against the other defendant.

The court canceled the decision of the head of the Territorial Recruitment and Social Support Center No. 1/352 dated May 15, 2025, and closed the proceedings in the case of bringing the plaintiff to administrative liability under part three of article 210-1 of the Code of Ukraine on Administrative Offenses.

The court established that the plaintiff is a military reservist, is registered for military service, and was obliged to update personal data within 60 days from May 18, 2024, in accordance with the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" No. 3633-IX dated April 11, 2024.

Regarding the limitation periods, the court concluded that:

• for the violation related to failure to appear upon summons on November 8, 2024, the period for bringing to responsibility expired on February 9, 2025;
• for the continuing violation regarding failure to update personal data, the period began on November 9, 2024 (the date of actual data update) and expired on February 10, 2025.

Thus, at the time of issuing the decision on May 15, 2025, the three-month period provided by part seven of article 38 of the Code of Ukraine on Administrative Offenses for offenses committed during a special period had expired. This is an independent ground for canceling the decision regardless of the presence or absence of the offense.

The court ordered the Territorial Recruitment and Social Support Center to pay the plaintiff court fees in the amount of 665.60 hryvnias from budgetary allocations.

The decision may be appealed to the Eighth Administrative Court of Appeal within ten days from the date of its signing. The decision enters into legal force after the expiration of the appeal period if no appeal is filed.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page Facebook and on Instagram to stay informed about the most important events.