Statement from Attorney Oleksiy Mendrukh
Attorney Oleksiy Mendrukh has stated that it is illegal for a Territorial Recruitment and Social Support Center (TCC) to issue a second fine for the same military summons. He cites articles of the Ukrainian Constitution that protect citizens from being held legally accountable twice for the same offense. Specifically, Article 61 of the Ukrainian Constitution prohibits such actions, clearly stating that 'no one shall be held legally liable of the same type for the same offense twice.'
Legal Basis and the Importance of Adhering to Norms
Oleksiy Mendrukh noted that, in accordance with Article 19 of the Ukrainian Constitution, state authorities must act solely on the grounds and within the powers defined by the Constitution and laws. This means a TCC has no right to impose a second fine for the same summons if an individual has already complied with or appealed the initial decision.
'For the same summons, for which you have already complied or not complied, or appealed, you cannot be held liable again,' emphasized attorney Oleksiy Mendrukh.
It is also important to note that the procedure for delivering summonses is regulated by Cabinet of Ministers Resolution No. 560, which further underscores the necessity of adhering to legislative norms in this area. These provisions highlight the importance of legal protections for citizens in Ukraine and the obligation of state bodies to follow constitutional norms. This legal framework is crucial for maintaining public trust, especially during a period of national mobilization.
Attorney Mendrukh's statement underscores the critical importance of upholding citizens' rights within the context of military service and mobilization processes in Ukraine. If TCCs continue the practice of issuing repeated fines for the same summons, it could lead to numerous complaints and legal disputes, requiring state bodies to rectify the situation in line with the Constitution. Therefore, such issues remain highly relevant given the current challenges the country faces.