do this so that there are fewer victims of these victims of russian aggression. therefore, please, let's now bow our heads, keep silent and remember our friends, relatives, and relatives. we will observe a moment of silence in memory of the ukrainian military and civilian citizens of ukraine who died in the war. that it was unleashed by russia.

biden talked about his priorities for the last six months of the presidency, among them is to stop putin, how is he going to do it? the ukrainian court canceled the fines from the shopping center. could this be a precedent for future cases, the man is a fugitive evader or deserter, serviceman vladyslav gerudskyi was detained in zakarpattia during his vacation, on what grounds was the man held for 7 hours and who is detained in the border zone and on what grounds. my name is kateryna nekrecha, this is morning freedom, we are starting, join us. men abroad can again draw up documents, but there are. nuance state enterprise

document, namely its foreign branches have resumed accepting applications for passports for men, however, now to receive services men must carry out verification through the official application of the ministry of defense of ukraine rezerv+ using a qr code. this was reported by the udp document. they say that abroad, men can issue an id card and passport or exchange outdated documents. passport services are available in germany, poland, spain or. slovakia and italy. the service emphasizes that confirmation of valid military registration documents is mandatory. on july 16, the 60-week period set aside for road users to update their data ended, and already on july 18, that's all you need to do it either in the reserve+plus application, or by visiting tsksp. however , a fine may be imposed for untimely updating of data or absence from military registration. overlays fines can

be appealed, and it was even assumed in social networks that there will be even more lawsuits against picking centers, however, court practice shows that fines were canceled even before july 16, that is, the deadline for their renewal. thus, on july 15, the vyzhnytskyi district court canceled the imposition of two fines in the amount of 17 and 22 hryvnias on conscript. and so the court's decision says that... the central committee found the man guilty of violating the rules of military registration, since he did not report changes in his place of residence, stay, education, marital status and health status, and by his actions violated the law of ukraine about military duty and military service and was untimely registered for military service, it was a citation. in the decision, the court indicated that no regulatory act provides for the mandatory duty of a citizen of ukraine after the announcement of mobilization without... on the summons of officials

to appear for clarification and updating of personal data, especially for passing through the vlk on one's own initiative, or quote: solving the issue of conscription for military service on mobilization. therefore, the court canceled both of these fines. the court also drew attention to the fact that untimely notification or non-notification of the person who is brought to administrative responsibility about the time and place of consideration of the administrative offense case. and is the basis for recognizing the decision in the case as illegal, the consequence of which is deprivation a person's right to protection, which cannot be limited even during martial law. we will now discuss all these nuances with a lawyer in the field of military justice, yevhen filipets, who joined our broadcast. mr. yevgeny, congratulations, thank you for joining. good morning. tell the details, perhaps in simpler language than it looks and sounds in the court decision. right now. is the cancellation

of these two fines by the vyzhnetsk district court a precedent that will affect the subsequent decision in similar cases. similar verdicts on cancellation of fines in courts. carry out from the beginning of a full-scale invasion, and can we say that this is already some kind of, or can become some kind of permanent practice? the actual abolition of administrative responsibility at the stage of the first instance of the court is not yet the ultimate goal of the defense of the relevant, relevant person, so i will actually say and emphasize that so far this dispersal that is taking place in social networks does not have any reliable, stable grounds, because... there will still be a review in the court of the highest instance in the appellate field, that's why i will say frankly about this fact that such and such a category of cases will be mega relevant today, i will note right away that until the 16th, such cases were considered, which means that

such cases were considered from different points of view, because actually my clients, when they delivered to the tsk, the first, the first contact, it was the actual handing over of this er... this fine, this resolution for the fact that the rules of military accounting were violated, that is, this process was ongoing, special attention was now focused on it, this is after july 16 , because here it is necessary to divide by some aspects, i will note right away that there are several such aspects, because everything starts from article 22 of the law on mobilization training and mobilization , undefined duties for a citizen, and actually within the limits of these duties, this is where they come from. the corresponding consequences of their non-fulfillment, therefore one of the duties stipulated by the famous law on strengthening mobilization is the updating of data, but in addition there is the issue of passing the vlk and the issue of military registration, therefore the actual updating of data and this category is the subject of a separate conversations, and regarding the accounting and the vlk, i will say

that some such misinformation probably took place in the mass media, in social networks about the vlk, because one of the officials, one of the officials did not... the defense noted that after july 16 there will be fines also come for passing this, not passing the vlk, but if you read the law in detail, analyze the law, we can see that actually they can be sent to the vlk only by referral of the tsc, therefore a person cannot do this on his own, so everything is supposedly clear in this part, vlk, for the vlk will prosecute the person who refused to pass it after such a referral, but as for updating data and military records, we can talk about it now technically from the point of view of those moments that occur every day in legal practice. yes, very interesting moments, because statements can be heard, and then after a day or two it turns out that everything does not work like that, when in practice there is still a court decision, even if it is

an interim one, but still it raises questions, and there are already such statement or this is the opinion that for not updating the data, the military is obliged and should not pay fines, because and... the defense, as they comment on it, it is not clear how these fines will be attributed to this person, that is, if they are detained on the street and seen , that the data is not updated, then yes, but how to find that person, that is , there will be no automatic fines, this is a whole procedure that must endure, that is, in fact, as of now, with the information that is available, can it be said that those conscripts who have not updated their data, in principle fines they may not get it, the situation is like this here, many people contact me with... literally yesterday there were people at the consultations who did not update their data until the 16th, but they are ready to do it now and there is a logical question, what do they want it will be, well, in principle, from my point of view, nothing will happen, because a person can update the data even today, and the means of updating the data remains the same reserve, plus the tck hike actually remains, so people can do it now and update the data already

after 16 -th number actually and will be the basis prosecuting them to administrative responsibility for the fact that they did not have time until the 16th, so i think not, because on the 17th and 18th and right now people can update the data, here the actual accent should be reduced to the fact that at the time of the actual update , the administrative materials on the person had not already been opened and the person was not brought to the relevant responsibility, sorry for the tautology of responsibility, that is why in this context it is necessary to understand that the data is updated by people every day, accordingly it must be said that this is all there is anyway a certain composition of an administrative offense, and will be taken into account when appealing. these are different circumstances, let's say, the inability of a person to get to the tsnap or to the tsc, do you remember the queues that were on the 15th-16th, that is, the person could have the appropriate boxes where he registered, he was not missed by the system, where the date was thrown out registration, only the next day and she was all busy, where 10 people came for one hour, there are

a lot of such moments, and they will assess exactly that degree of responsibility in the court process person, whether he was able to do it with the update of the data or could not do it, so there will be quite a lot of such... and all this evidence will already be presented in court, for example, and when considering this administrative fine, of course, and of course, and here it is still necessary to emphasize in terms of time whether there are already such relevant moments. with the imposition of fines and are there already any court decisions, well, i will say from my own practice, so far, i have not received a significant flow of clients from people who have already been prosecuted for not updating data, it is clear why, because very little time has passed, moreover, i will say, there is still time for a person within 10 days to appeal this, plus this resolution must somehow be proven to a person, this is what you said in your story before our inclusion about the right for protection, which must be unconditional, it cannot be... even during martial law, so this resolution can actually be drawn up, it must be delivered, a person must

familiarize himself with it and challenge this process, that is, it still takes time, i i think that the very first traces of such court decisions on this categories of cases, well, no sooner than september will appear in order to see some trend, the practice of actually applying 210-210 with the mark one of the article of the code of ukraine on administrative offenses. well, the whole epe is made up of these statements, for example, about how fines are sent, one day last week the ministry of defense told us that they would be sent automatically due to the action, then they commented in the action that the action will only indicate the enforcement proceedings, for example, if a person there did not pay this fine, they corrected it information, yevgeny, how to understand that the rights here in this matter are violated, in which case a person needs to contact a lawyer, that is , for those people who at the moment have not yet... updated their data in reserve plus or in tsnapa or in tcc and until july 16, what

awaits them now and where may their rights be violated? well, first of all, these are people who did not have an objective opportunity to update the data for two months, these are people who were either sick or were in some kind of treatment there, they did not have the opportunity to do it because of there snap, i am not saying anything about the reserve plus, because a person may have the possibility of telephone communication, there may be no means, this is it... we are not talking about this, we are talking about the general ability of a person to update data, that is why this category of persons - this is the first category of persons who will appeal against the corresponding illegal fines. the second category of everyone will read the law in detail , it is clearly written in the law that everyone who is on military registration had to update their data, and you look at how many people on military registration today have not stand, how will this rule be interpreted in court, what will be the position of the tsk tsc of our procedural opponents in this matter. at the moment, because on the record for today, you see, people

have updated their data in the reserve plus and many are not written on the record, contact the tcc to clarify the data, whether this category of persons is actually already responsible for not updating their data, so actually such a category already at least two persons who will challenge the actual illegality of such actions, the third category of persons will try to apply this norm that the tsk or the holder of the corresponding the register should know information about them, actually could get it from... different registers, especially this applies to young people who have recently finished their studies, who got married, who had children, this information about them is in the registers, so actually at least three categories of persons, and believe me, from practice, this is a huge number of people who will be ready to apply for template statements that will appear on the internet and overwhelm the already overloaded judicial system with their respective statements about challenging these resolutions with a fine. yevgeny, this is a normal practice in ukrainian legislation, that even lawyers only on... in practice, when the law is in effect, they will understand on precedents how this law works in general, it is possible, explain,

it's just that this law is written in such a way that nothing it is not clear at some points whether it is really possible to simply interpret differently, and now it will all be studied in practice, that is, is there some kind of malfunction with this very law, or is this a normal story, when such innovations exist and we just need to see how they there will be to work, well, initially we are announcements accordingly. a state governed by the rule of law, we have a corresponding article in the constitution, which says that we profess the rule of law, that is , from the point of view of this and the elements of the rule of law, there is such a category as legal certainty, that is, when adopting some normative acts, people must understand what awaits them , when it is expected, in what way it is expected, etc., unfortunately, in this case, we have been talking about it since january or february, when the epic with the introduction of changes to the mobilization legislation just began, on alas, neither a lawyer's environment, nor for today, probably a professional judicial one. still does not fully understand how these norms will be interpreted, how they will be applied, and it is certain that here the skill of the lawyer in

the case, his creative approach to the search for evidence, to the argumentation of the actual circumstances will be very decisive in this category of cases, and however, in my opinion, from the point of view of the rule of law, from the point of view of legal certainty, we have the situation that has developed today, we do not know specifically first, to whom these rules will apply. whether to people who will be caught on the street, or now totally, automatically, as some officials claim , roughly speaking, people from those who have not updated their data will be calculated, and the actual mechanism of attracting them to the relevant ones will work with them. activity, nor in what way it will happen, nor what consequences and what judicial practice will develop, well , we cannot talk about judicial practice at all, because it is necessary for a certain period of time to pass in order to understand how the relevant norms will be applied, but from the point of view of a purely lawyer's legal point of view, i believe that legal certainty and the rule of law have somewhat taken a back seat here, that is, the law, simply put,

is imperfectly prescribed, in general. the basic, basic norms of the law, from which everything begins, that is, with the duties of citizens, so that the entire hierarchy, the entire construction of the actual prosecution, the methods of performing the corresponding duties, etc. at different levels can be built on top of it, so actually on this basis stage, firstly, there were inaccuracies, and secondly , such a communication component was somewhat unclear , that is, it was not explained to people what you are and how you should do, what your responsibilities are. there were those who didn’t, what to do with the vlk, what to do with the military record, all of this required another update of the data, there are people who updated the data there literally from the 17th until the 18th, do they need to update the data again after the 18th, actually there are imperfections in the answers to these questions, to put it mildly, as i understand it, there are imperfections, thank you, thank you, yevhen filipets, military justice attorney, if you just tuned in to this

broadcast, listen again if you have any questions, yevhen, i'll explain what is known at this point, thank you. in the comments , be sure to write your questions, clarify, and we will continue to ask them on our broadcasts, then to another interesting news and we will discuss a military serviceman who came to zakarpattia on vacation, he was detained right on the platform of the kvasy railway station at the exit from train, it happened, the border guards together with the police they took the man to the village of dilove, allegedly for a check-up. this village is located on samisinkoye. on the border with romania and 36 km from the kvasy railway station, where the military vladyslav came with his wife. olesya kotubey's wife, a journalist of the tv channel "social culture", told about these events on her instagram. according to her , vladyslav had documents with him, such as a certificate of participation in hostilities, as he is an active military man, and a

leave permit. in the village of dilovoy, where the couple was brought, vladyslav herutskyi was taken to department of the border service. however, his wife olesya was not allowed to go with him and said, i quote: to drink coffee in the store. after some time, her husband called her and said that he was being taken somewhere. the soldier's wife contacted the uzhgorod military law enforcement service, where she was informed that vlad was at the tcc in the city of khust, which was already 70 km from the business office. vladyslav was released only in the evening, according to the wife's estimate, her husband was taken for more than 7.5 hours. in mukachevo. the border detachment explained that they had expanded in the border zone restrictions on the stay of tourists, this was reported by the spokeswoman of this detachment, lesya fedorova, in a comment to the public, according to her, border guards check all conscripts who are in the border zone, and on july 10, the state border service expanded the list of temporarily restricted tourist routes,

under the ban in particular, the routes of the zelenska and biloberez communities of the verkhovyna district in ivano-frankivsk ob. region, the details of this incident will be discussed further. vladyslav gerudskyi, a serviceman who was detained, joined our broadcast by phone. vladyslav, congratulations, thank you for joining. good morning. please tell me, vladyslav, did you manage to rest after all, or are you currently on vacation? yes, i am still on vacation, resting, although we had to spend the night, after that day in the city. this cornfield and only yesterday we got to the village of kvasy back on our own, spending money on a taxi, where i was also detained by the border guards, and from here we set off on our the route i planned, well, additional costs and time did not go as planned, but tell me , please, a whole day of vacation

was taken away from me, not exactly as planned, tell me the details of how your... detention took place, how this meeting with border guards, with the police, what, what kind of dialogue was it, why did it happen? immediately after getting out of the car , a policeman approached the platform and asked me to come , well, to go through with him and to check the documents, we went to the station itself, the border guards were standing there, they showed me the id, everything is fine, i showed them my military id. and a leave ticket, which certifies that i am on vacation, then they said that i need to travel with them on business. to undergo an additional interview, there were no words about detention, they politely asked me to come with them to undergo an additional

interview, that's all, since i didn't want any conflicts and thought, maybe it's really something important, since the border is not far, i agreed and so i arrived at the business office, where i already learned that i was detained for trying to cross the state road border 30 km from... ugh, did they tell you orally or somehow in writing? already when i was waiting there at this checkpoint in a business case, they wrote out an admin protocol, which indicated that i was detained for trying to cross the border. what did you answer to that, did you have an opportunity to somehow explain the situation there, to clarify and challenge it, there was no opportunity to challenge it, they... said matter-of-factly that i just talked to theirs, as they they called him a scout, but he seems to be some kind of operative department of the dpsu, something like that

decided, so he looked at my phone, and he decided that i tried to cross the border, passed it on to other employees of the dpsu, and they drew up a report. vladyslav, what dialogues did you have when... you were already detained directly, you were also, as i understand it, being transported from place to place, that is , they asked you for what purpose, what kind of conversations you had, whether they just decided it silently, well, at the beginning they asked at the station, we answered them, where we were going, and then already in this business, actually this so-called the intelligence officer with whom i was interviewed asked everything, and despite the fact that when i said that we were going... from kvass to the twin of the priest, it is actually even north of the border, he did not even know where it was, i told him

showed on the map, and then he saw that i had marks on the map, because i am not the first and not the first time, and of course i have marks that are different for the mountains where i have been, and that's how these were marks in he suspected that i wanted to cross the border. vladyslav, did you not want to cross the border or did you? of course not i wanted to, i came on vacation and was going to go on a trip to the twins, to sudovets, to dragobrad, this is a completely different side. tell us your version of why these transfers took place, why it was not possible to talk to you on the spot and find out these details, or call it an interrogation, i don't know how it is legally correct, and why you were transported, how can i explain it to you? where are you being taken, were you told this, did you have any opportunity to call a lawyer or someone else, did you limit these actions, which men had no opportunity to do, phone

they took it at the checkpoint, then when i was being transported to the tcc, the phone was also taken away, i was able to once , but when i was being transported from the border checkpoint to the tsc, they gave me a phone for a few seconds, i called my wife, said that it was normal. and gave it back. and you said that everything is fine? well, what's wrong with me, everything is fine, and we have to wait, yes. ugh. well, you kind of had an understanding at that point that it was a problem or not, what was being done. this problem, of course, was understanding, and well, the border guards didn't really explain anything at all. they brought it me, and all the time they were waiting for the boss, they said that the boss would come. everything will be solved, they waited, waited, no one knows anything, we are waiting for the chief, and i still don’t know, at some point, the chief must have arrived and decided, probably

because i had already begun to annoy them all a little, and they probably specially they decided to rape me and called representatives of the tsk, the representatives of the khuyskyi tsk behaved absolutely adequately, when they saw that i was a military serviceman, they also said, well, what is this, why are border guards handing over a serviceman tsk, well, even then, when i arrived at the tsk, they checked everything in 10 minutes and i was free, huh, that is, the tsk did not mobilize you here for the second time, but they helped you, yes, some media wrote that you tried to mobilize a military serviceman, it's not like that, they just took me away, checked the data from the vsp and that's it. they behaved absolutely adequately, it helped clarify this situation, and you were released because of this , because the tsc checked the documents and said that

you can be released, or is it possible ... public there was some kind of publicity, is it possible that your wife connected public publicity with your leadership and it already reached the vst of the zakarpattia region, who probably already contacted the border guards from the tsk, i think that before i was released the case was already known to the authorities dealing with it. vladyslav, will you appeal these actions in some way, or maybe you have already done so? of course, when i return to kyiv, i will immediately contact a lawyer. because, well, the administrator of the protocol is written out for me and i was told that there will be a trial in rahov, well, there will be a trial in connection with the fact that you allegedly tried to illegally cross the state border, i understand correctly, yes, yes, that's right, ugh, the border guards somehow explained their actions to you in a human way, asked for forgiveness or how it happened, they

are all... with whom i spoke, they are all waiting for the chief, no one can say anything, they say something about the fact that it is a border controlled area, and that’s how it is, well, that’s what it is, well this district, that's what it's called, but it doesn't need any permits to go on tourist routes, because such permits are required in the border strip 5 km from the border, and in fact in those areas that you mentioned, which were there on july 5 in the ivanofankiv region, and here no permits are required, you can freely to move ugh. vladyslav, thank you for your story, we will continue to communicate with the border guards in order to find out their version and side, and thank you for joining our broadcast. vladyslav rutskyi, a serviceman, told about the details of his detention while on vacation. i also

i call you write in the comments, i don't know if it's possible about your experience, or maybe about the questions you have in connection with this story, maybe you have questions about what are the current rules in the border zone, maybe you too going on vacation to transcarpathia and now thinking about whether to put marks on your google map for your trip, please write, comment, then we will communicate with the spokesman of the state border service of ukraine, andriy demchenko joined, mr. andriy, thank you. have joined welcome to our broadcast, good morning, i don't know if you have heard mr. vladyslav, or not, if not, then tell us your version of what happened, why the serviceman, mr. vladyslav herutsky, was detained, what were the general circumstances of this detention ? i think you heard his words, but actually only he can tell what

happened in the border unit. where he was for a certain time, i can only mention, regarding measures in controlled border areas carried out by our servicemen, due to the fact that there are attempts illegal crossing of the border and such and such attempts actually increased during the martial law, so the border guards are forced to check more carefully all persons who are at the border. there is legislation that regulates the boundaries of the controlled border area, there is a decision, if we take zakarpattia, the decision of the defense council of the zakarpattia region, there is also a definition of the borders of the border strip, where in all these territories the border guards have the right to check documents, check the circumstances of people's stay in these areas, how many it's kilometers

mr. andriski? how many kilometers is the border zone? well, the border strip is a 5 km wide area along the state border line. the controlled border area has larger boundaries, it is established in the controlled border area within the area bordering the border, it can be 20 or 30 km deep into the territory of ukraine. kvasy, this is already this border strip, where it is special. there is government decree 1199, which defines the boundaries of controlled border areas. rakhiv district also falls under the controlled border area area. kvasy, in fact, is also located within the rakhiv district of the zakarpattia region. ah, regarding document verification, of course, the border guards analyze that information.