A man filed a lawsuit to cancel a fine of 17 thousand hryvnias for failing to appear at the VLK: what did the court decide?

The Vyshhorod District Court of Kyiv Region has upheld the claim of a citizen who was fined for allegedly evading a military medical examination. The court found that the fine of 17,000 hryvnias imposed was unfounded and ordered the case to be closed.

The gist of the matter

According to the decision that Vgorode found in the court registry, the man was charged with violating Part 3 of Article 210-1 of the Code of Ukraine on Administrative Offenses. According to the military commissar's resolution, on January 21, 2025, he failed to appear at a military medical commission to determine his fitness for military service. Because of this, he was fined 17,000 hryvnias.

However, the plaintiff proved in court that he had an official postponement of mobilization until February 7, 2025. In addition, he received a summons for December 10, 2024 to clarify his data and undergo a medical examination, but this summons cannot serve as evidence that he was required to undergo the examination on January 21, 2025. The court found that there is no information in the military documents that he was officially issued a referral for a medical examination, and the refusal to undergo the examination was also not properly formalized.

Court decision

• The court found that the imposed fine was unfounded, as the plaintiff had an official reprieve until February 7, 2025.
• The case was closed due to the lack of elements of an administrative offense.
• The court noted that liability can only be applied if there is evidence of a violation, and the defendant failed to provide such evidence.
• The fine was canceled, and the defendant was ordered to pay the plaintiff's legal costs in the amount of 605 hryvnias.

What does this mean?

This decision could become an important precedent for those who received fines for failing to appear for a military medical examination. The court emphasized that fines should be imposed only if there is properly documented evidence. If the summons does not contain a clear requirement to undergo a medical examination or if the person has an official deferment, he cannot be held administratively liable.

Sourse: Source