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Deputies want to simplify the imposition of absentee fines by the TCC, the draft law

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People's deputies propose to give the opportunity to men who have not yet clarified their military registration data - and there are about 6 million of them - to pay UAH 8500 by independently initiating the process of considering the case and imposing a fine on themselves through Reserve+. Bill 12093 contains relevant ideas. 

The changes proposed by the draft will simplify the procedure for consideration of administrative offenses provided for in Articles 210, 210-1 of the Criminal Procedure Code and will provide an opportunity for citizens who have not specified the data without valid reasons to pay 50% of the minimum sanction of the article (8500 UAH) by independently initiating the process of considering the case and imposing recovery through the Electronic office of a conscript, conscript, reservist.

In addition, the procedure for submitting an application and paying a fine through the Electronic Cabinet will provide an opportunity to use a "discount" of 50% from the amount of the imposed administrative fine," the authors of the bill express their opinion.

The bill envisages that a copy of the resolution of the TCC will be able to be sent to a person through the Electronic cabinet of a conscript (that is, to Reserve+) or to e-mail.

However, in addition to this option with a "discount", it is also proposed to introduce a number of norms that will strengthen the mechanisms of prosecution under Articles 210 and 210-1 of the Code of Criminal Procedure.

First, the range of cases in which a fine can be imposed in absentia without drawing up a protocol is expanding.

Thus, in the amendments to Article 258 of the Code of Criminal Procedure, it is expressly provided that the return of a summons of the TCC with notes of non-delivery or refusal to receive is the basis for drawing up a report.

"The protocol is not drawn up in the case of committing during a special period of administrative offenses provided for in Articles 210, 210-1 of the Code of Administrative Offenses, the consideration of which is assigned to the competence of the TCC, if the person did not appear without valid reasons or did not report the reason for not appearing when called by the TCC, being duly notified of the date, time and place of the summons, and in the presence of the TCC confirming documents that the person received the summons or that the summons was returned with notes about non-delivery or refusal to receive" — specified in the bill.

That is, after returning the summons, the TCC will be able to immediately draw up a resolution on the fine.

Secondly, it is established that the evidence in the case will be information and register information of the Unified State Register of conscripts, conscripts and reservists. Previously, the courts indicated in some places that information from the "Oberig" Register cannot be considered in itself as evidence of the commission of an offense. In the case of the adoption of the draft law, there will be a direct rule, according to which the TCC will be able to attach an extract from the Register, which will prove that the person did not update the data, did not update them within the established time frame, or information about such a person is not at all in "Oberig".

Thirdly, it is assumed that cases of administrative offenses provided for in Articles 210 and 210-1 of this Code may also be considered at the place of stay on the military record of the person who committed such an administrative offense or at the place of their detection.

Fourthly, it is established that in case of non-payment of the fine by the person who committed the offense provided for in Articles 210, 210-1 of this Code, within 30 days from the date of entry into force of the resolution imposing an administrative fine, such resolution shall be subject to enforcement. That is, the resolution of the TCC will be sent to the executor, who will be able to immediately open enforcement proceedings, seize the petitioner's accounts and take other actions to ensure recovery.

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