“By the end of 2024, the government plans to send 900,000 summonses to conscripts. If the summons is returned undelivered, the petitioner must be fined from UAH 17,000 to UAH 25,500, in case of non-payment of which, enforcement proceedings will be opened with the aim of collection from the accounts. This was reported by the Judicial and Legal Gazette with reference to the clarification of the Ministry of Justice. Changes to the rules of postal communication”, — write on: ua.news
By the end of 2024, the government plans to send 900,000 summonses to conscripts. If the summons is returned undelivered, the petitioner must be fined from UAH 17,000 to UAH 25,500, in case of non-payment of which, enforcement proceedings will be opened with the aim of collection from the accounts.
This was reported by the Judicial and Legal Gazette with reference to the clarification of the Ministry of Justice.
With the changes to the rules of postal communication, the Cabinet of Ministers determined that 3 days will be given to pick up the summons from the post office (if it is not delivered personally). After returning the summons undelivered and affixing the appropriate mark, the TCC will be able to start the procedure for imposing a fine by mail.
Thus, these fines will be, in fact, “in absentia”, the newspaper notes. At the same time, the resolution of the TCC is an executive document. That is, if the fine, which ranges from UAH 17,000 to UAH 25,500, is not paid voluntarily, enforcement proceedings may be opened against the evaders and collection from accounts may begin.
“Sudovo-yuridychna Gazeta” turned to the government with a request regarding how many such executive proceedings have already been initiated and how much funds have been collected from the budget. Previously, the publication published the answer of the Ministry of Finance that separate accounting of receipts from the payment of fines according to the resolutions of the TCC is not kept.
In turn, as noted in the Ministry of Justice, in accordance with Article 308 of the Code on Administrative Offenses, in the event that the offender does not pay the fine within the time limit established by Part 1 of Article 307 of this Code, the resolution on imposing a fine is sent for enforcement to the body of the state executive service (DVS) at the violator’s place of residence, work or at the location of his property in accordance with the procedure established by law.
According to the Code of Criminal Procedure, the fine must be paid no later than 15 days after the date of delivery of the decision on the imposition of a fine, and in the event of an appeal against such a decision – no later than 15 days after the date of notification that the complaint was dismissed without satisfaction.
In case of non-payment of the fine by the debtor, the state executor takes measures to enforce the decisions by seizing the debtor’s funds and property.
According to the current legislation, enforcement of the debtor’s property consists in its seizure, seizure (removal of funds from accounts) and forced realization (presentation of electronic money for repayment in exchange for funds transferred to the relevant account of the state executive service body).
Collection of executive documents applies primarily to the debtor’s funds in national and foreign currencies, other valuables, including funds in the debtor’s accounts in banks and other financial institutions.
In the event that the debtor does not have funds and other valuables sufficient to satisfy the debt collector’s demands, enforcement is immediately applied to other property belonging to the debtor, except for property that cannot be levied according to the law.
“Also, it should be noted that if the amount to be recovered under enforcement proceedings does not exceed 20 times the minimum wage, foreclosure on the debtor’s single dwelling and the land plot on which such dwelling is located shall not be carried out. In this case, the executor is obliged to take measures to implement the decision at the expense of other property of the debtor (part seven of Article 48 of the Law),” the Ministry of Justice emphasized. (That is, if the amount is less than UAH 160,000, then it will not be possible to take away the petitioner’s single home – ed.).
We previously wrote that 804 people applied to the recruiting centers of the Ukrainian army during the past week.
We will also remind you that since the beginning of the full-scale invasion of Russia, the Ministry of Defense of Ukraine reported that 46 Ukrainian military personnel who went abroad on vacation did not return.
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