Circumstances of the case:
June 25, 2024 Lubny City District Court of Poltava Region No. 539/2247/24. The man saw in Reserve+ that he was wanted and voluntarily went to the CCC to report that he had been registered since 2008 and had 3 children, but received a fine of 17 thousand UAH.
In this case The court concluded that the CCC had unlawfully qualified the plaintiff's actions under Part 2 of Article 210 of the Code of Administrative Offenses, since at the time of the commission of the offense charged against him, his actions could not fall under the regulation of this article. The court also came to this conclusion in view of the content of Part 2, Article 8 of the Code of Administrative Offenses, according to which laws that mitigate or cancel liability for administrative offenses have retroactive effect, that is, they also apply to offenses committed before the publication of these laws. Laws that establish or increase liability for administrative offenses are not retroactive..
Circumstances of the case:
Case No. 559/2057/24, which was considered by the Dubno City District Court of Rivne region on June 19, 2024, states that a man appeared at the CCC on May 27, 2024 to clarify his military registration data. However, a report was drawn up against him under Part 3 of Article 210 of the Code of Administrative Offenses for the fact that he did not register for military service in 2021.
As of 2021, Part 3 of Article 210 of the Code of Administrative Offenses did not yet exist - it was introduced in May 2024. Therefore, the court decided to cancel the CCC's resolution on the fine, citing the fact that the law on administrative liability does not have retroactive effect in time.
But there is another legal position.
Circumstances of the case:
The decision of July 3, 2024 in case No. 484/3410/24 of the Pervomaisky City District Court of Mykolaiv Region indicated that the Code of Administrative Offenses does not contain a definition of the concept "ongoing" offense. So, if a man did not appear in July 2022, and he was brought for this in June 2024, then this is legal.
