The TCK imposed a fine on a resident - what the court decided.

In Kyiv, the territorial center for recruitment imposed a fine on a citizen, which he subsequently paid. However, after appealing the administrative responsibility through the court, the man was supposed to have the funds returned, but this did not happen.

Case Details

According to the case materials, on November 11, 2024, the head of the Darnytsia district territorial center for recruitment and social support imposed a fine on the citizen because, after reaching the age of 27, he did not register for military accounting at his registered address. The next day, on November 12, the man voluntarily paid the imposed fine, but at the same time appealed the relevant decision in court.

On December 30, 2024, the court satisfied his claims, canceling the decision on the administrative offense. This decision opened the grounds for the return of the previously paid fine. However, the funds were never returned to him, and he subsequently filed a separate lawsuit against the Darnytsia district TCK and SP and also involved a third party - the Main Department of the State Treasury Service of Ukraine in Kyiv, demanding the recovery of unduly acquired funds.

Court Decision

The Darnytsia District Court of Kyiv established that after canceling the fine, the state authority was obliged to return the paid funds to the citizen. As noted in the decision, according to Article 1212 of the Civil Code of Ukraine, withholding monetary funds is done without sufficient legal grounds.

The court also noted that the Treasury's refusal to return the fine on the grounds of the absence of a relevant application from the TCK cannot deprive the person of the right to judicial protection.