The Leninsky District Court of Mykolaiv has revoked a fine of 25,500 hryvnias that was imposed on a man for failing to update his information with the Military Commissariat in a timely manner.
This decision became known following the publication of the corresponding verdict in the Unified State Register of Court Decisions. The court deemed the fine imposed by the Military Commissariat as unlawful.
The court ruled that according to the new legislation, citizens are not required to provide information that is already contained in state registers.
Based on the materials of case No. 489/4119/24, on May 24, 2024, the Military Commissariat found the man guilty under Part 3 of Article 210 of the Code of Ukraine on Administrative Offenses due to the lack of updated information regarding his father's status and change of workplace.
The Military Commissariat relied on paragraph 8 of the Military Registration Rules, which requires reporting changes within seven days. However, the protocol did not specify any concrete violations or evidence that the relevant information was unavailable in the state registers. The plaintiff stated that information about his marital status and employment was easily accessible in the "Oberih" register.
The court established that the primary purpose of the "Oberih" register is to identify citizens and maintain military records, as well as to record data on marital status, births, and places of employment. Since this information can be obtained from state authorities, the Military Commissariat failed to demonstrate that it was unavailable.
As a result, the court annulled the fine, noting that the actions of the Military Commissariat did not comply with the requirements of current legislation.