Court Recognized Legal Validity of Applications in Reserv+: Lawsuit over TRC Fine of 17 Thousand Hryvnias Rejected
The Cherkasy District Court of Cherkasy Region dismissed the lawsuit of a man who challenged a fine imposed by the Territorial Recruitment Center for violating military registration rules and failure to appear upon summons.
According to the case materials, on May 25, the court considered an administrative lawsuit to cancel the decision of the head of the TRC, which held the plaintiff liable under Part 3 of Article 210-1 of the Code of Administrative Offenses and fined him 17,000 hryvnias.
The plaintiff insisted that he did not receive the summons and therefore there was no evidence of the offense. His representative also noted that the mere fact of issuing the decision does not prove guilt, and the TRC did not provide the court with the administrative case materials.
At the same time, the defendant's representative explained that the decision was generated through the electronic service "Reserv+" after the plaintiff himself submitted an application via the app acknowledging the violation and consenting to the case being considered without his participation. In the application, the man confirmed that he did not appear at the TRC upon summons and agreed to administrative liability.
The court established that on April 13, the plaintiff indeed submitted the corresponding application through the electronic cabinet in the "Reserv+" app in accordance with the procedure provided by Article 279-9 of the Code of Administrative Offenses. Access to the cabinet is granted after electronic identification, and submitting such an application has legal consequences.
The key evidence in the case was precisely the electronic application in which the plaintiff effectively admitted to violating military registration rules. No evidence was provided to the court that the document was created without his will or by third parties.
The court also rejected arguments about the absence of paper case materials, noting that the legislation allows not to draw up a protocol if the person independently submitted an application acknowledging the violation through the electronic cabinet.
Based on the case review, the court concluded that the TRC decision was made within its authority and in compliance with the law, and therefore there are no grounds for its cancellation. The lawsuit was fully dismissed.
The decision may be appealed and has not yet come into legal force.
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