If you want to drive, come to the TCC: the lawyer answered whether Ukraine will start banning driving for tax evaders en masse?
10 February 17:35
ANALYSIS FROM 
In Rivne region, the right to drive a vehicle was restricted for the first time for a person liable for military service due to violations of military registration rules. Although this practice is not yet widespread, its mechanism is already enshrined in law. Will Ukraine start to ban driving for evaders on a massive scale, and what legal nuances may arise ?
Such a measure is applied to persons liable for military service not immediately after the fact of violation of the rules of military registration is detected. Instead, the TCC and JV must go through several stages. Andriy Shabelnikov, managing partner of EvrikaLaw, chairman of the National Bar Association’s Committee on Investment and Privatization, said this in an exclusive commentary
The mechanism of restrictions application
According to the lawyer, the restriction of the right to drive a car is not an immediate punishment, but takes place through several legal stages.
“According to Art. 27 of the Law of Ukraine “On Mobilization Preparation and Mobilization,” if a citizen violates his or her mobilization obligations, the head of the TCC and JV must first contact the police to administratively detain the offender and bring him or her to the military commissariat,” explains Andriy Shabelnikov.
If the police cannot fulfill this requirement, the CCC and JV sends a written request to the citizen with acknowledgment of receipt within 5 days.
“Only if this requirement is not fulfilled can the TCC and JV file a lawsuit in court to restrict the right to drive a vehicle until the obligation is fulfilled,” says Andriy Shabelnikov.
Legal risks for TP companies and JVs
However, even if the court proceedings are initiated, there are legal nuances that may lead to the dismissal of the claim.
“The procedure for TCCs and JVs to go to court is new, so employees often file claims with significant violations, which is why the courts do not consider them,” Shabelnikov said.
In addition, the judiciary scrutinizes the relevance of evidence and compliance with the procedure.
“According to Part 8 of Article 283-2 of the Code of Administrative Procedure of Ukraine, the TCC and the JV must properly prove the fact that the person has not fulfilled the obligations stipulated by law. It must also confirm compliance with the procedure for serving the demand on the TP and JV and the person’s failure to fulfill the obligation specified in the demand,” Andriy Shabelnikov said.
If the TCC and JV cannot prove the existence of these conditions or if the evidence submitted is inadmissible, the court may dismiss the TCC and JV’s claim. In this case, the restriction of the right to drive a vehicle will not be applied to the person, adds Shabelnikov.
Will this practice become widespread?
Despite the high-profile precedent in Rivne region, Andriy Shabelnikov believes that this mechanism will not be fully operational in the near future.
“Given the failure of the TCC and the JV to follow formal procedures, the mechanism for imposing restrictions on the right to use a vehicle for persons liable for military service will not be able to work fully in the near future,” concludes Andriy Shabelnikov.
Whether military enlistment offices will be able to effectively use this tool in the future will depend on court practice and compliance with the law.
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