Penalties for not fulfilling the mobilization plan: legislative requirements and lawyers’ position

Recently, several Ukrainian city heads have been issued penalties for failure to fulfill mobilization tasks. Administrative protocols from the local shopping center were received by mayors of Drohobych, Truskavets, Boryslav and the heads of several territorial communities of Lviv region. UNN He understood whether the CCC could be fined mayors.

On January 28, Mayor Taras Kuchma reported that he should burn 34 thousand hryvnias of a fine for “the disruption of the mobilization plan”.

There is a government resolution that the responsibility for mobilization processes lies with local governments. But I said, I also said Viceremier that there was no database. Maybe we have already exhausted the mobilization process. Everyone who could be taken away was taken away. The rest either hide or reside not at the address or abroad

Kuchma himself stated that he would challenge a fine in court because he believes that it was “full of nonsense.”

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The mayor of Drohobych reported that mayors of other cities of Lviv region, including Truskavets – Andriy Kulchinsky, Skhidnytsia – Ivan Pylyak, and Medenich – Mikhail Zhivchin, also received similar penalties. They all intend to challenge decisions.

Subsequently, the mayor of Borislav Igor Yavorsky also confirmed that he was also fined for failure to comply with the mobilization plan. He will also challenge the decision in court.

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Can the shopping mall really be finedThe situation was “clarified” by OK “Oleg Dombrovsky” indicating that in accordance with the resolution of the Cabinet of Ministers of Ukraine No. 560 of May 16, 2024, which approves the procedure Make lists of conscripts, hand them summons at their place of residence and provide their delivery to the CCC.

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The Association of Ukrainian Cities responded to “clarify the situation” as follows:

“At the level of the Verkhovna Rada in different laws, they have translated the obligations to local self -government. But if you read what is written in the law, then it is necessary to disband the shopping center, because then what do they do there? There is a military regional administration, district, which should deal with security issues .

Journalist UNN She asked at the NGO “Legal Hundred” or mayor really get fines for “disruption of mobilization measures” and how legitimate it is:

“Yes, the law provides for administrative liability of local self -government officials for violation of mobilization legislation. Fines can be from 17 000 to 25 500 UAH, and for repeated violation during the year – from 25 500 to 34 000 UAH. It should be noted that local self -government bodies are not They are obliged to hand over the summons, whose functions should be provided with mobilized.

Lawyer Angelina Slavic explains that according to Art. 36 of the Law of Ukraine “On Local Self-Government Bodies in Ukraine”, local self-government bodies should be responsible for the material and technical support of mobilization measures, in particular:

• providing transport of transport for notification and transportation of mobilized;

• maintaining military accounting and booking of conscripts;

• Provision of temporary alert and arrival of the conscripts to the collective points.

In general, local governments may refuse to perform mobilization tasks in accordance with Art. 19 of the Constitution of Ukraine, which states that officials of local self -government bodies are obliged to carry out activities only within the limits of their powers. If the tasks that are superimposed on these boundaries, they have the right to refuse them.

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When asked by a journalist UNN Is it possible to challenge such a fine in court and which arguments can be most effective in the NGO “Legal Hundred” answered:

“Yes, the fine can be challenged in the administrative court. Effective arguments may be a legal ground for a fine (unless acts or omissions have been violated), excess of the authority of the bodies that have imposed a fine and the existence of proper evidence of the offense.”

Recall

Due to the great influx of the CCC and the medical commission, many conscripts did not have time to undergo examination until February 5. In order to avoid this situation, a bill was submitted to the Parliament, which proposes to continue the possibility of passing the VLK by June 5.