The new law on mobilization “provides for a court decision without appeal”. This was stated in an interview by Oleksandr Fediyenko, a member of the Rada's Defense Committee.
A journalist asked him whether the courts would be overwhelmed with cases of depriving evaders of their driving rights.
“Of course, they will. If there are appeals to the court. Of course, the courts will not be able to cope with this. But you have to understand that this new law provides for a court decision without appeal. Relatively speaking, when TCCs go to court, it will most likely use a simplified form of appeal - an automated one. And the court will make a decision immediately. There may be an appeal later, but the person will be mobilized,” Fediyenko said.
He stated that the TCCs will not systematically file lawsuits against evaders.
“No one is doing this. You understand what kind of staff the TCC should have to file lawsuits,” said the MP.
According to him, a lawsuit will not be filed after a person has ignored a summons, which is considered to be served from the moment it is sent.
“It doesn't work that way. They add a person to the database of evaders. And when such a citizen's documents are checked, patrol policemen can see him in the database. Then they are obliged to bring him to the TCC by force,” Fediyenko replied.
However, the MP later clarified his words about “a court without appeal” and explained how it would work.
He said this would happen if a man violated the rules of mobilization and did not respond to the measures of influence.
First, the TCC appeals to the police to find him, detain him and bring him to the military commissariat. If the police fail to do so, the head of the TCC sends a summons to the citizen in paper form within five days of receiving such a response. Which, as a reminder, is immediately considered delivered.
And no later than the next working day after that, the TCC sends it to the state executive service body that enforces the court decision to temporarily restrict the citizen's right to drive a vehicle.
