Raion TCCs cannot be defendants in court
solvedThe Supreme Court explained that a raion TCC does not have the status of a legal entity and the authority for representation. What does this mean for the consideration of cases in court?
Answers
District TCCs (Territorial Centers for Recruitment and Social Support) do not have the status of a legal entity. They are separate subdivisions of territorial centers, which are themselves legal entities, not separate organizations. Since a district TCC, as a defendant, is not a legal entity, it lacks procedural capacity (cannot act as a party in a civil proceeding). Consequently, the court terminated the proceedings in a lawsuit against a district TCC, as there is no lawful party that can be addressed in a civil court.
What this means for the consideration of cases in court:
If a lawsuit specifically names a district TCC as the defendant, the court cannot proceed to hear the case on its merits because the defendant is not a legally independent entity. The plaintiff will have to change the defendant: instead of the district TCC, they must sue the higher-level entity, i.e., the corresponding territorial center (which is a legal entity), if this is possible and legally permissible. For lawsuits against TCCs (e.g., concerning violations of the rights of persons liable for military service), this position of the SC establishes a practice where courts may refuse to open proceedings if the defendant is specifically a district TCC. This limits the ability to hold district TCCs accountable through civil lawsuits, as they are not legally considered a "party" to the process.