Чоловік з телефоном Фото: Інформатор
Yevhen from Kryvyi Rih sought counsel on a legal forum regarding a red banner warning in his Reserve+ application indicating his data was shared with the police for drafting an administrative protocol at the TCC due to his non-appearance after a summons. Penalties mentioned involved failure to comply with the summons. No protocol was actually issued. Yevhen hadn’t visited the TCC, citing a designation of restricted fitness and a company deferral. His superiors instructed him to undergo a military medical commission (VLC) and resolve the red banner issue in Reserve+, threatening to withdraw his deferral otherwise.
Attorney Viacheslav Kyrd remarked that settling the matter via the Reserve+ app would entail paying UAH 8,500. After settling this fine, the search status might lift, but undergoing the VLC remained necessary for Yevhen regardless. Lawyer Vladyslav Deryi offered a more detailed explanation.
“Currently, no fine has actually been imposed on you. The Reserve+ app merely presents you with the option to voluntarily acknowledge the infraction, consent to administrative liability proceedings without appearing personally, and settle the fine of UAH 8,500. However, the statutory period for imposing administrative liability has fully expired. Legally, authorities cannot fine you now. As stipulated in Article 38 of the Code of Administrative Offenses, penalties for offenses under Article 210 and 210-1 during martial law must be imposed within THREE months of detection, and no later than one year after commission,” wrote Vladyslav Deryi.
The lawyer argued that because Yevhen’s search status has persisted for over three months, imposing a fine is now prohibited. Initiating administrative proceedings against him is likewise impossible as the legal timeframe for liability has lapsed. Additionally, Deryi noted the case could be dismissed due to a lack of offense if Yevhen had no knowledge of the summons.
Penalties for Failing to Respond Timely to Summons
Mid-August witnessed the Reserve+ app introduce a new function: the capacity to pay fines electronically for failing to report to the TCC following receipt of a summons. Previously, the service only allowed settlements for violations pertaining to untimely data updates.
The Ministry of Defense (MOD) clarifies that a summons is deemed legally served whether delivered personally or via postal service. Both methods warrant corresponding annotations in the Oberig registry. Failure to appear punctually does not absolve the individual from the obligation to report to the TCC.
Per the MOD, individuals can provide documented evidence to dispute receipt if a summons was not actually delivered.
Refusing to report to the TCC after a summons has been properly served results in administrative or even criminal liability. The MOD stresses payment of the fine doesn’t nullify subsequent obligations under military registration rules.
The ministry adds the red banner notification in Reserve+ typically vanishes following payment. Individuals who had valid reasons for missing their appointment, such as illness or natural disaster, must inform the TCC within three days. Judgment on lifting the “red banner” will be handled on an individual basis.
Ministry officials further warn that evading fine settlement within 40 days triggers case transfer to enforcement services. Outcomes may include frozen accounts, property seizure, and registration as a debtor.
