The Territorial Recruitment and Social Support Center fined a man with a disability and tuberculosis 17 thousand for failure to update data: how the case ended

The Khorol District Court of Poltava region considered an administrative lawsuit filed by a citizen against the Territorial Recruitment and Social Support Center to cancel the ruling imposing a penalty in the administrative offense case No. 1041 dated September 12, 2024. The court satisfied the claim.

Circumstances of the case

The plaintiff has been a person with a third group disability indefinitely since 2008 due to musculoskeletal system damage. In January and March 2024, he received summonses from the Territorial Recruitment and Social Support Center and appeared to update his data, as evidenced by marks on the summonses, and provided all supporting documents.

In March 2024, he was sent for a military medical commission, which revealed specific changes in the lungs. In April 2024, he was referred to the central military medical commission in Poltava, where on April 19, 2024, the meeting protocol established a diagnosis of newly diagnosed pulmonary tuberculosis and several concomitant diseases, recommending outpatient treatment under strict medical supervision.

According to the military medical commission certificate dated May 1, 2024, the plaintiff was recognized as temporarily unfit due to illness (pulmonary tuberculosis) requiring treatment and a follow-up examination in six months. Treatment began immediately. According to the repeated commission’s conclusion dated December 9, 2024, the case was closed with the result "cured" and a diagnosis of residual tuberculosis changes. According to the primary health care center certificate, the plaintiff was treated in a tuberculosis dispensary from April 19, 2024, to November 29, 2024.

Reason for the dispute

In February 2025, the plaintiff learned from a letter of the State Executive Service that enforcement proceedings were opened against him based on ruling No. 1041 dated September 12, 2024, issued by the head of the Territorial Recruitment and Social Support Center, imposing a fine of 17,000 hryvnias under part 3 of article 210-1 of the Code of Ukraine on Administrative Offenses for violating military registration rules.

The ruling stated that on September 12, 2024, the citizen was brought by National Police officers to the Territorial Recruitment and Social Support Center. After checking personal and registration data in the Unified State Register of conscripts, persons liable for military service, and reservists, it was established that he did not update his military registration data within 60 days according to Law of Ukraine No. 3633 dated April 11, 2024, which is a violation of the rules for persons liable for military registration.

The plaintiff disagreed with the ruling. He noted that the ruling did not specify which data were not updated; his residential address and contact numbers did not change during 2024, he does not have email addresses, and other personal data were known to the defendant. Due to tuberculosis treatment, which the defendant was aware of, he had valid reasons. The protocol on the administrative offense and the ruling on administrative detention were not drawn up or announced in his presence. He was not informed about the time and place of the case hearing, thus deprived of the opportunity to provide explanations. The reasoning part of the ruling lacks references to evidence confirming the offense.

Court decision

The Khorol District Court of Poltava region in case No. 548/766/25 decided to satisfy the administrative claim.

The court canceled the ruling in administrative offense case No. 1041 dated September 12, 2024, on holding the plaintiff administratively liable under part 3 of article 210-1 of the Code of Ukraine on Administrative Offenses and closed the administrative offense case.

Why the court sided with the plaintiff

The court noted that according to article 7 of the Code of Ukraine on Administrative Offenses, no one can be subjected to administrative measures except on grounds and in the manner established by law. Proceedings are conducted based on strict legality. An administrative offense is an unlawful, culpable act or omission for which administrative liability is provided by law (article 9 of the Code).

According to article 268 of the Code of Ukraine on Administrative Offenses, the case is considered in the presence of the person held liable. In the absence of this person, the case may be considered only if there is evidence of timely notification about the place and time of the hearing. According to article 277-2 of the Code, the summons must be delivered no later than three days before the hearing.

The court referred to legal conclusions of the Supreme Court set out in rulings dated March 31, 2021, in case No. 676/752/17, March 21, 2019, in case No. 489/1004/17, January 30, 2020, in cases No. 308/12552/16-a and No. 482/9/17, February 6, 2020, in case No. 205/7145/16-a, March 6, 2018, in case No. 522/20755/16-a, September 30, 2019, in case No. 591/2794/17, and May 21, 2020, in case No. 286/4145/15-a. According to these conclusions, the duty to notify a person about the place and time of the hearing is considered fulfilled if the person is informed three days before the hearing date. Untimely or lack of notification is grounds for recognizing the ruling as unlawful due to violation of the established procedure. The person is deprived of the right to be present during the hearing, provide explanations, submit evidence, and file motions.

The court found that the defendant did not prove the legality of the challenged decision and the presence of the plaintiff’s administrative offense under part 3 of article 210-1 of the Code of Ukraine on Administrative Offenses. The case was considered in the absence of the plaintiff, who was not timely notified. According to part 2 of article 77 of the Code of Administrative Procedure of Ukraine, the burden of proving the legality of the decision of the authority lies with the defendant.

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