TCC fine in Ukraine: how to appeal the decision and the deadlines

What the TCC fines people for

Most often, the Territorial Recruitment and Social Support Centre (TCC/ТЦК) imposes fines for violation of military registration rules (Article 210 of the Code of Administrative Offences (CAO/КУпАП)) and violation of legislation on defence, mobilisation preparation and mobilisation (Article 210-1 CAO). In the special period, increased fines apply to these offences. Typical situations: failure to appear when summoned by a call-up notice, failure to update registration data on time, not having a military registration document.

The amounts of fines have changed, so go by the wording of the CAO in force on the day of the alleged offence, not by figures from social media.

How a fine is imposed and what rights a person has

The case is considered by the head of the TCC or an authorised official. Usually a report is drawn up first, and then a decision is issued. Under Article 268 CAO, the person has the right to review the case materials, give explanations, submit evidence, file motions and use a lawyer's legal assistance. The case may be considered in their absence only if they were duly notified of the time and place of the hearing and did not ask for it to be postponed.

Check the decision carefully for:

• the date and place of the hearing, and whether you were notified of it;
• the description of the offence: what exactly, when and where you did, in the official's view;
• the article and part of the article of the CAO;
• the evidence the decision relies on;
• the post, name and signature of the person who issued it;
• an explanation of how to appeal.

Discrepancies in dates, lack of proof of proper notification and vague wording of the offence are circumstances worth assessing before filing a complaint.

The deadline for an appeal is 10 days

Under Article 289 CAO, a complaint against a decision can be filed within 10 days of the day it was issued. If the deadline was missed for a valid reason, for example the person did not receive a copy of the decision, it may be extended. To do so, a motion to restore the deadline, with an explanation and evidence, is filed together with the complaint.

Where to file the complaint

The law provides two routes (Articles 287–288 CAO):

• to a higher body or official, for example a higher-level TCC;
• to court: the claim is heard by a local general court acting as an administrative court under Article 286 of the Code of Administrative Procedure of Ukraine (CAP/КАС).

A complaint to a higher body is simpler, but a court usually examines the evidence more fully. The routes can be combined: if the higher body upholds the decision, it can then be challenged in court. A court fee is payable for filing a claim; its amount is linked to the subsistence minimum, so check the current amount on the date you apply.

In the complaint or claim, it is appropriate to ask for the case materials to be requested from the TCC: the report, proof of notification, video recordings and the documents on which the finding of an offence was based.

What the complaint should contain

The complaint is made in writing. The law does not require a complicated form, but its content determines whether your arguments will be considered on the merits. It usually states:

• to whom the complaint is addressed and who is filing it (full name, address, contact details);
• the details of the decision being challenged: date, number, who issued it;
• the circumstances of the case as you describe them;
• specific violations: procedural (you were not notified, your rights were not explained, you were not allowed to review the materials) and substantive (there was no offence or it has not been proven);
• evidence and a list of the documents attached;
• the request: to cancel the decision and close the case;
• a motion to restore the deadline, if it was missed.

Stick to the facts, without emotional judgements. Each statement is best backed up by a document: a certificate of a business trip or illness on the day you were due to appear, a screenshot from the Reserv+ app, postal marks. If you did not receive a call-up notice, explain which address it could have been sent to and whether that address was current.

What happens if the fine is not paid

If the decision has not been appealed, the fine must be paid no later than 15 days from the day it was served (Article 307 CAO). If it has been appealed, the 15 days run from the day of notification that the complaint was dismissed.

If the fine is not paid voluntarily, the decision is sent for enforcement to the State Enforcement Service, and double the amount of the fine is collected (Article 308 CAO), plus enforcement costs. The enforcement officer may freeze the debtor's accounts and property.

Paying the fine does not take away the right to appeal, but an appeal does not automatically return the money either: this is decided in the ruling on the complaint. More on this area: military law.

Checklist

• Get a copy of the decision and record the date you received it.
• Count 10 days from the day the decision was issued.
• Check the content of the decision against the list above.
• Request the case materials from the TCC.
• Choose the route: a higher body or court.
• File a complaint with evidence and, if the deadline was missed, a motion to restore it.
• Keep receipts, replies and postal documents.

Frequently asked questions

This article is for general information only and does not constitute legal advice. Legislation changes — check the current version or consult a lawyer.