On July 16, the 60-day period allotted by the law on mobilization for updating military records expires. After that, men of conscription age may face fines. Find out more about the amount of fines for failure to update data

Legal advice for Ukrainians

Get

On May 18, a new law "On mobilization training and mobilization" was adopted, according to which all persons liable for military service must update their data within 60 days. The deadline for updating expires on July 16.

Not only the Law on Mobilization or the Law on Military Service, but also the Code of Administrative Offenses has been updated. The biggest changes that affect most men of military age relate to the requirement to update their military registration data.

What penalties do those who have not updated their data face?

If you do not update your data within 60 days of the adoption of the law, you will be liable under Article 210 of the Code of Ukraine on Administrative Offenses. This provides for a fine of 17,000 hryvnias, and 25,500 hryvnias for a repeated violation. 

Currently, the law does not specify any valid reasons for late data updates. An alternative way to update is available in the Reserve+ app, which takes no more than 15 minutes. 

Representatives of the MCC draw up a resolution against the violator to bring him or her to justice, which can be appealed in court. If the person liable for military service has a valid reason for not appearing, the court may overturn the decision.

How can I check for a fine?

Territorial recruitment centers (TRCs) may impose a fine on a person who evades military registration. Information about these fines is displayed in the Automated System of Enforcement Proceedings (ASEP). 

In case of non-payment of the fine, the funds in the accounts may be seized or even the property may be seized for further sale. 

Citizens can check the availability of enforcement proceedings on the DAS website using their last name, first name, patronymic, date of birth, identification code or enforcement proceeding number. The Ministry of Justice emphasizes the importance of checking fines in a timely manner to avoid additional sanctions.

Visit Ukraine on social media: Telegram | YouTube | Instagram | Facebook | Twitter | TikTok

Possible ways to collect fines

Individuals who evade military registration may face the collection of funds from their accounts or even the seizure of real estate if they do not voluntarily pay the fines imposed by the MCC. Fines for individuals under the Code of Administrative Offenses may range from UAH 17,000 to UAH 25,500, and for officials of legal entities - up to UAH 59,500.

Previously, the law required the drafting of a transfer pricing protocol, but now it is not required. If a person fails to appear without good reason or fails to provide a reason for non-arrival, having been duly notified of the date, time and place of the summons, the TCC may immediately issue a resolution imposing a fine. Confirmation of receipt of the summons

may be a postal item with a corresponding mark.

Fines may be imposed repeatedly, for example, for each failure to appear under a summons. The TCC resolution is an enforcement document that is subject to enforcement in accordance with the law on enforcement proceedings. Evaders are included in the Unified Register of Debtors.

Given the digitalization of many processes, recovery can be carried out quite quickly. Debtors who maliciously evade mobilization may lose their accounts in one day, and if these funds are insufficient, they may lose their property.

The procedure for foreclosure on funds and other property of the debtor

Foreclosure on the debtor's property involves several stages: arrest, withdrawal of funds from accounts and forced sale of property. The enforcement officer issues an order for the seizure of property, which includes all available funds of the debtor in national and foreign currencies, as well as valuables on accounts with banks and financial institutions.

The cash found in the debtor's possession is seized and credited to the relevant accounts of the state enforcement service no later than the next business day after the seizure, and an act is drawn up. The seizure is imposed on the debtor's funds and valuables on accounts in banks, financial institutions and electronic money in electronic wallets no later than the next business day after their discovery. This also applies to new accounts and electronic wallets opened after the seizure order is issued.

If the debtor does not have funds and valuables sufficient to satisfy the claims of the creditor, the recovery is applied to other property belonging to the debtor, except for property that cannot be recovered by law. Foreclosure on the debtor's property does not suspend the process of foreclosure on the debtor's funds.

The debtor has the right to propose to the enforcement officer which property or items should be sold first. The final decision on the priority of recovery of the debtor's funds and property is made by the enforcement officer. Thus, the collection procedure ensures effective enforcement of debt collection decisions and minimizes risks for creditors.

Procedure for sending and receiving subpoenas

As you know, after July 16, summonses will no longer be issued against signature, they will be sent by mail to the last known place of registration of the person liable for military service. 

If the person liable for military service did not see the mailed summons or no longer resides at the specified address, the summons will still be considered delivered. If the person ignores the second summons, the police will search for him or her to bring him or her to the CCC.

Thus, the summons will be considered received even if the addressee did not actually receive it or even refused to accept it. After that, another summons will be sent. In case of repeated disregard, the police may forcefully bring the person liable for military service to the CCC. Therefore, it is better to update your credentials in advance and provide your current address, which will help you avoid many troubles.

We remind you! Ukrainians who are abroad can send documents through a third party or by mail, avoiding the need to appear in person in Ukraine to update their military registration data. Read more about what you need to do and how to send a letter to the CMC from abroad.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

Please note that you can always contact VU lawyers to clarify any issues you do not understand and for individual advice. Our professional staff will be able to clarify any ambiguities in detail and help you solve your problem.