CCC introduces “in absentia” fines: mechanism of action and recommendations from lawyers

In Ukraine, the number of cases where territorial recruitment and social support centers (TCS) impose administrative fines without the personal presence of citizens has increased.

According to the law firm “Prykhodko and Partners”, most of these decisions are made in violation of the established procedures, which makes them potentially appealable in court.

What is an “absentee” fine?

Citizens learn about the imposition of a fine only after the decision is made, which may be communicated through the “Diya” application, email, or during document verification. In many situations, the person does not even suspect that a protocol was drawn up, or what circumstances led to the violation.

Problems with this approach:

Citizens are not given a chance to explain their position;

Violation protocols may be drafted incorrectly or not at all.

The fact of serving a summons is often not documented.

Circumstances that may exclude recognition of a violation are ignored.
Lawyers advise against rushing to pay such fines, as, in practice, many of them are subject to appeal.

Court decisions in favor of citizens

Court practice shows that the CCC’s resolutions are often canceled. Judges emphasize that bringing to justice without observing due process and the rights of defense is illegal. The state is obliged to prove the violation and to provide the person with the opportunity to participate in the process.