Tuesday14 January 2025
glasno.com.ua

Men with disabilities are receiving summons and fines: how they are violating mobilization rules.

Lawyer Roman Likachev discussed the numerous fines imposed on individuals with disabilities due to mobilization. He emphasized that these amounts are "unbearable."
Мужчинам с инвалидностью выдают повестки и накладывают штрафы: как они становятся нарушителями мобилизации.

Since the start of the full-scale war, the number of Ukrainians with disabilities has only been increasing. However, even these individuals are being handed summonses and issued fines that are difficult to contest. This is highlighted in a report by "Telegraph," published on January 8.

"We are facing dozens of court decisions regarding fines imposed on individuals with disabilities, despite having all the necessary documents. The fines are very high — 17 thousand hryvnias, and if a person fails to pay, the amount doubles. For individuals with disabilities who earn only 2-3 thousand hryvnias, these are insurmountable sums," said lawyer Roman Likhachev.

Mobilization in Ukraine: Why Individuals with Disabilities Are Fined

Sometimes the issue lies in the fact that not everyone understands that having a disability does not automatically grant an exemption from mobilization. Legislation does indeed provide for such a right, but one must undergo a medical commission (VVK). The commission needs to determine unfitness for service to remove the individual from military registration.

If an individual with a disability is not recognized as unfit but has an exemption, they must carry the relevant documents. Additionally, in this case, the conscript is not relieved of the obligation to update their information with the military enlistment office (TCK).

Since 2023, Ukraine has implemented the electronic register "Oberih," which citizens gained access to last year through their electronic cabinet. The Ministry of Defense has established data exchange with the Ministry of Justice and the Tax Service, but not with the Pension Fund and the Ministry of Social Policy. This means that the system is currently unable to automatically record disabilities and grant exemptions.

Individuals with disabilities have 7 days to report their status to the TCK, or they risk incurring a fine.

Furthermore, such conscripts may be sent for a repeat medical commission to confirm their health status. Failing to attend the examination can lead to administrative penalties, loss of social benefits and assistance, and even mobilization.

Mobilization in Ukraine: Why Individuals with Disabilities Receive Summonses

Roman Istomin, a representative of the Poltava regional TCK, explained that sometimes Ukrainians confuse the grounds for exemption with the exemption itself. He noted that military personnel do not have access to the Ministry of Health registers and "do not possess the gift of foresight," so they cannot be aware of undocumented exemptions.

This results in situations where an individual with a disability may receive a summons. It is also important to note that not all summonses are sent by the TCK. Starting in 2024, the centralized printing of summonses and their mailing will be handled by the Ministry of Defense.

Mobilization in Ukraine: Penalties for Failing to Appear for a Summons

The lawyer recalled a case where a man with a disability, who is in Poland and sent documents via email, was fined. However, fines are primarily imposed due to failure to appear for a summons.

Summonses are often sent via "Ukrposhta," so they are not handed directly to individuals. If the conscript does not show up, they face a fine. Disability does not exempt one from responsibility. If it is completely impossible to attend, Likhachev advises writing a letter to the TCK explaining the situation.

"A person must notify and have valid reasons for their absence. Many people treat postal summonses as something unimportant: if they don’t show up, it’s no big deal. Currently, the TCK is imposing many fines. This is genuinely reflected in judicial practice. However, in general, one can avoid a fine by writing a letter and explaining why they cannot appear," he emphasized.

Whether the conscript resides at the known TCK address does not matter here. There is a chance to appeal, but for instance, in the absence of evidence of the summons being sent.

By February 4, part of the conscripts must undergo the VVK. The media has explained how those who ignore this will be punished.