Fines for Administrative Offenses
Appeal against the decision of the military registration and enlistment office
What to do if the military registration and enlistment office issued a decision to impose an administrative penalty in the form of a fine? What offenses entail the imposition of a fine? What rights does a serviceman have in case of prosecution? How to appeal the decision of the military registration and enlistment office, if you consider it illegal?
A list of military offenses for which a person serving in the military may be held administratively can be found in the Code of Ukraine on Administrative Offenses (Chapter 13-B).
Most often, servicemen are brought to administrative responsibility for:
refusal to comply with the lawful requirements of the commander
unauthorized leaving of a military unit or place of service, as well as failure to appear on time without good reason for military service in case of appointment or transfer, non-appearance from a business trip, vacation or from a medical institution lasting up to 10 days
careless destruction or damage to weapons, ammunition, equipment, vehicles, other military property
negligent attitude of a military official to military service
violation of the rules of combat duty
violation of the rules of border service
violation of the rules of handling weapons, as well as ammunition, explosives, other substances and objects that pose an increased danger to the environment
drinking alcoholic, low-alcohol beverages or using narcotic drugs, psychotropic substances or their analogues
Usually for committing such offenses a serviceman receives a fine in the amount of UAH 1,190 to 2,465 , and in the case of committing it in a special period - up to UAH 4,845.
Punishment may be reduced if there are circumstances that mitigate liability for administrative offenses:
sincere repentance of the guilty;
prevention of the culprits of the harmful consequences of the offense, voluntary compensation or elimination of the damage;
committing an offense under the influence of strong emotional excitement or by coincidence of difficult personal or family circumstances;
committing an offense by a minor;
the commission of an offense by a pregnant woman or a woman who has a child under the age of one year.
Pay attention!
The law establishes clear procedural rules for bringing a serviceman to administrative responsibility:
As soon as confirmation of the fact of the offense is established, the commander or other authorized official has 3 days to draw up a report.
You must be explained all the rights and obligations, as noted in the Protocol and offer to provide written explanations on the merits.
After 3 days, your case must be considered by a local court, which makes a decision on bringing or not bringing a serviceman to administrative responsibility.
How to appeal the protocol on a military administrative offense?
If you believe that when making a report on you:
a violation of the procedural rules of drawing up the protocol was committed
the report was drawn up by an unauthorized person
the protocol does not contain the materials necessary for the proper resolution of the case
You do not agree with the content or design of the protocol
You can express any of your remarks during the proceedings in your case, during the consideration of the issue of bringing to administrative responsibility.
How to appeal a court decision to bring a military administrative offense?
If you do not agree with the court decision by which you were brought to administrative responsibility, you can file an appeal.
Please note that the law sets a deadline of 10 days for such an appeal.
The prospects of your case and the chances of winning depend on the situation and circumstances of the case. It is best to consult a military lawyer on this issue.
Call or write to the CHAT (write to us) to tell your situation and get advice on issues that concern you.