How TCC fines those that do not need cash and property: duty can’t be averted

He broke the principles of transit laws – nicely! He did not pay on time – one other one. As well as, the debtor’s accounts could also be attacked, and if the accounts are zero, the property could even be bought at public sale. What do you do in case you have no earnings or property? On this case, the TCC additionally has authorized enforcement mechanisms.

How the TCC collects fines for breaking navy information from males who haven’t any cash and no work, the place you possibly can examine for fines and whether or not an attraction could be made – see Victoria Panchenko completely for TSN. U.A.

Violation of navy registration rules

In accordance with the regulation on mobility, Ukrainians who had been depending on navy service had till July 16, 2024 to replace their knowledge. If not, they are going to be fined. In accordance with the Code of Ukraine on Administrative Offenses, it’s doable to impose an administrative tremendous for violating the principles of navy registration, in addition to for violating the laws on protection, motion coaching and motion.

Violations of navy registration rules that represent a corpus delicti of an administrative offense embrace:

• failure to register at residence, work or examine;
• failure to seem when requested on the TCC for navy registration;
• failure to finish navy registration paperwork;
• change of residence through the battle with out notifying the TCC, and so forth.

Administrative duty

In accordance with the legal guidelines of Ukraine “On preparation of motion and motion”, “On navy obligation and navy service”, residents who keep away from compulsion to maneuver and navy registration are topic to administrative and prison legal responsibility. It is determined by the crime dedicated.

Administrative legal responsibility could come up if: failure to endure a medical examination to find out health for navy service; failure to replace your navy registration knowledge inside 60 days; failure to seem on summons; failure to supply a constructing, construction, car and different property throughout relocation, and so forth.

First a wished discover, then a tremendous

Because the Deputy Minister of Protection Ekaterina Chernorenko defined, after two hours the necessity to seem on the TCC or replace knowledge on-line is averted, “data is entered about the one that desires it” :

“In truth, TCC employees will cross on knowledge to the police in order that the individual could be discovered and knowledgeable of the necessity to seem on the TCC or replace the info. “

Learn the highest information of the day:

The quantity of fines for violating navy registration rules

In accordance with Chernogorenko, for additional disregard of the duty to replace navy registration knowledge on such an individual, an administrative violation report might be drawn up and a tremendous might be imposed on him afterwards.

Word that the violator should pay the tremendous no later than 15 days from the supply date of the choice to impose a tremendous. If you don’t pay the tremendous inside this era, the choice to impose a tremendous might be despatched to the administration service group on the violator’s residence, work or the place he owns the constructing. After this, the violator might be subjected to double the tremendous specified within the related article of the Code of Administrative Offenses.

Fines for violating the principles of navy registration (Article 210 of the Code of Administrative Offenses):

• in peacetime – from 3400 to 5100 UAH;
• throughout a sure interval (particularly, martial regulation) – from 17,000 to 25,500 UAH.

Fines for violating the laws on safety, preparation of switch and switch (Article 210-1 of the Code of Administrative Offenses):

for residents:

• in peacetime – from 5100 to 8500 UAH;
• throughout a sure interval (particularly, martial regulation) – from 17,000 to 25,500 UAH;

for authorized entities, officers and officers of presidency businesses, enterprises, establishments, organizations:

• in peacetime – from 17,000 to 34,000 UAH;
• throughout a sure interval (particularly, martial regulation) – from 34,000 to 59,500 UAH.

The tremendous could be imposed inside three months from the second the breach is found, however now not than one yr from the second it was dedicated. By regulation, TCCs are exempt from the duty to attract up protocols on administrative violations. Which means the TCC has the suitable to resolve to challenge a tremendous instantly.

How do you examine for a tremendous?

How do you examine for a tremendous from the TCC? Lawyer Dmitry Franchuk, in an announcement to RBC-Ukraine, defined that there are a number of methods to seek out out a few tremendous from the navy registration and registration workplace:

“Go to the TCC in individual on the registration level. They are going to present data on whether or not he has been fined, how a lot and why.

Mobile phone Diya app. Within the “Providers” part, you need to choose “Enforcement”. If there’s a tremendous, it should include details about the quantity and the rationale for imposing it.

A tremendous can be imposed by e-mail

You can even examine apply penalties within the “Opendatabot” service.. To do that, you need to fill in your title and date of delivery on the web site. Additionally in Opendatabot you possibly can subscribe at no cost to go looking utilizing an identification code in Telegram or Viber.”

How do you discover out if enforcement actions are open?

The Ministry of Justice mentioned that when an individual receives a tremendous from the TCC, enforcement proceedings are opened in opposition to him. Thus, the citizen can see details about himself within the automated system of enforcement actions (ASIP). This may be completed on-line and with out visiting the state government service company in individual.

To do that, you need to enter sure knowledge on the ASIP web site:

• surname, title, patronymic of the debtor;
• day, month, yr of the debtor’s delivery;
• surname, title, patronymic of the applicant, if any;
• title, identification code within the United State Register of Authorized Entities, Particular person Entrepreneurs and Public Types for the authorized entity – creditor and claimant;
• variety of enforcement actions.

What occurs in the event you do not pay the tremendous?

If the tremendous just isn’t paid, the debtor’s cash and property could be seized, which can be utilized sooner or later to repay the debt.

TCC and JV could attempt to acquire the tremendous first from a checking account individual accountable for navy service, if he has one. If there isn’t any cash within the account, TCC and JV can file a lawsuit to gather fines from the property of an individual accountable for navy service. Nevertheless, if the individual accountable for navy service has no precise property from which a tremendous could be recovered, he shall, he could not have the ability to prosecute.

Nevertheless, the query arises – how will the TCC acquire fines from males who haven’t any cash and no work? First, explains Franchuk, this may be executed – when the enforcement service can seize the debtor’s property, together with autos, actual property and different valuables.

Allow us to remind you that the minimal wage is UAH 8,000 monthly from April 1, 2024. Due to this fact, if draft dodger “collects” fines from the TCC exceeding UAH 160 thousand, he won’t voluntarily pay them , and doesn’t have cash in his accounts or doesn’t have a automobile, the executor can apply. recuperate the identical housing of such debtor. Such seized property could be put underneath the hammer on the state’s on-line public sale “CETAM”. The quantity of the tremendous might be calculated from the cash, and the remainder might be returned to the proprietor.

By the best way, Each actual property and home items could be seized. Nevertheless, in keeping with the press service of the Ministry of Justice, the enforcement service doesn’t have the suitable to take away every part that belongs to it from the debtor.

How can they tremendous those that haven’t any property?

If the debtor doesn’t have property that may be seized, the enforcement service can take different measures:

• Limiting rights. Below sure circumstances, the enforcement service can limit a few of the debtor’s rights, for instance the suitable to journey overseas.
• Social funds. If the debtor receives social advantages, the enforcement service can impose a penalty on them. Nevertheless, there are specific kinds of social advantages that can’t be captured, equivalent to youngster help, outdated age pensions and different funds offered for by regulation.
• Social robots. If the debtor can not pay the tremendous, the courtroom can order neighborhood service as an alternative choice to a tremendous.

These instruments guarantee a sure degree of compliance with the selections of the courtroom and different authorities, even when the debtor has no official earnings or property.

TCC has already fined him 12 thousand

Allow us to say that round 12 thousand fines have been imposed by TCC because the starting of the yr. That is already greater than for final yr, in keeping with the OpenDatabot web site:

“For half of this yr, the administration service has acquired extra fines from the TCC than final yr. 11,798 fines for breaching the navy accounting guidelines of the TCC had been transferred for pressing assortment from shippers. -debt from the start. of the yr.

It’s famous that now a 3rd of those fines have already been closed – 4236 penalties. On the similar time, 7,526 fines are nonetheless being levied on debtors. They observe that we aren’t speaking about all of the fines issued by the TCC for violating the principles of navy registration, however solely about these transferred for obligatory assortment to the -management service:

“The violators had been entered into the United Register of Debtors. On account of the opening of such enforcement motion, the debtor’s cash and property could be seized, with the assistance of which the debt might be paid”​​​​ again sooner or later he was fined, go to the service web page in “Opendatabot”, enter your full title and date of delivery.”

A The primary tremendous for not updating knowledge will seem sooner than September. This was mentioned by Individuals’s Deputy Alexander Fedienko in an announcement to Noviny.LIVE.

As well as, lawyer Anastasia Kondras explains that every one details about an individual liable for navy service could be taken from TCC and SP from open information, and this giving the chance to attraction the inclusion of sure charges.

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