The Military Commissariat fined a man twice 17 thousand hryvnias for not passing the medical commission — the court explained why this is illegal
The man was already fined once for not passing the repeated military medical commission, but later the Military Commissariat issued another ruling regarding the same violation. The court concluded that under the circumstances of this case, it concerns one ongoing offense, so repeated administrative liability contradicts Article 61 of the Constitution of Ukraine.
The Vinnytsia City Court canceled the ruling that imposed a fine of 17 thousand hryvnias on the conscript under Part 3 of Article 210-1 of the Code of Administrative Offenses of Ukraine.
Circumstances of the case
The plaintiff was recognized as unfit for military service in peacetime and limitedly fit in wartime due to health reasons back in the 1990s. After legislative changes that abolished the status of "limitedly fit," he was required to undergo a repeated medical examination to determine fitness for military service.
In November 2025, the man updated his military registration data through the "Reserve+" app and received an electronic referral for the medical commission. During the medical examination, he was taken to the Military Commissariat, where a protocol on an administrative offense was drawn up for failing to fulfill the obligation to undergo the repeated medical examination. After that, he continued the medical commission, was referred for additional examinations, and underwent inpatient treatment.
On December 30, 2025, immediately after completing the medical commission, the man was again taken to the Military Commissariat and another protocol was drawn up under Part 3 of Article 210-1 of the Code of Administrative Offenses. Based on it, on January 10, 2026, a ruling was issued imposing a fine of 17 thousand hryvnias. This ruling he appealed in court.
What the court found
During the case review, the court established that on November 21, 2025, another ruling had already been issued against the same man, holding him administratively liable and imposing a fine of 17 thousand hryvnias for failing to undergo the repeated medical examination.
The court noted that under the circumstances of case 127/2230/26, failure to undergo the repeated medical examination is an ongoing offense covered by the same actions and does not constitute several separate administrative offenses. Therefore, the repeated issuance of the ruling effectively meant repeated administrative liability for the same offense.
At the same time, the court referred to Article 61 of the Constitution of Ukraine, according to which no one can be held legally liable twice for the same offense of the same kind. The court also noted that the repeated issuance of the ruling violates the principle of legal certainty as a component of the rule of law.
Court decision
The Vinnytsia City Court satisfied the claim, canceled the ruling on holding the plaintiff administratively liable under Part 3 of Article 210-1 of the Code of Administrative Offenses, and closed the proceedings in the administrative offense case. In addition, the court ordered the reimbursement of 665.60 UAH of the paid court fee to the plaintiff at the expense of the defendant's budget allocations.
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