In May, the Cabinet of Ministers published a resolution regulating the conscription of citizens for military service during mobilization. It establishes new rules for serving summonses. One of the main innovations is the possibility of sending documents to conscripts by mail. We will talk about the conditions under which the summons will be considered delivered in the mailbox, as well as the moment when it can be considered served.
To which category of citizens will summonses be sent by mail?
Before the new rules enter into force, citizens will be able to receive summonses only in person, by subscribing to them or through the electronic account of a conscript.
Only a request to come to the territorial recruitment center will be sent to the mail address in case the conscript ignored the summons and the police could not find him.
However, starting July 18, 2024, any regular mail will be used to send summonses to those who have not updated their military registration information within 60 days of the mobilization law taking effect. This applies to all men aged 18 to 60 who have not contacted a regional recruitment center or updated their contact details in the "Reserve+" application.
What information should be included in the subpoena
The summons is issued through the Unified State Register of conscripts, conscripts and reservists, or the form is filled out by a representative of the district (city) TCC and SP or its department. The head of the department signs the summons with an electronic signature (KEP) or personally by hand and seals it with a seal.
The summons must include: surname, first name and patronymic of the invitees, their date of birth; the name of the TCC and SP or the relevant body that issued the summons; the purpose of the call (for example, to clarify credentials, medical examination or mobilization order); the exact date, place and time of the call; date and signature of the official who issued the summons; registration number of the summons; information about the consequences of absence and the obligation to report the reasons for non-attendance.
Conditions under which the summons is considered served
The summons can be received in person or by mail.
In the case of personal delivery, the recipient must sign the summons, and the process of delivery or refusal will be recorded on a photo or video from July 17. This can be done by representatives of the TCC and SP or the police.
If the summons is sent by mail, it will be considered served in the following cases:
- when the shipment will be received;
- when the postal operator registers refusal to receive the shipment;
- when the postal operator registers the absence of the addressee at the residential address specified when specifying the account data in the TCC and SP, or at the declared address, if conscripts (reservists) do not update their data.
The conscript must appear at the TCC within the time limit specified in the summons. This period must be at least 14 days from the moment of sending the summons.
If a reservist or conscript refuses to receive a summons, authorized persons draw up an act of refusal. This act is signed by at least two members of the notification group, and the citizen must be notified about it.
Further, the postal operator submits the act of refusal to the head of the district or city TCC and JV. According to the conclusion of the lawyer of the law firm Andrii Novak, “The post office sends the TCC a letter with a summons, with a note about the refusal to receive it, and then the TCC already turns to the police.”
A police officer who is a member of an alert group has the right to find and detain a conscript and deliver him to the recruitment center. This can be done in accordance with Articles 261 and 262 of the Code of Ukraine on Administrative Offenses. Refusal of a subpoena is considered a violation of military accounting rules.
Legal opinion
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One of the main innovations is the possibility of sending documents to conscripts by post. Before the entry into force of the new rules, citizens could receive subpoenas only in person with a signature or through the electronic account of a conscript. Starting July 18, 2024, summonses will be sent by regular mail to those who have not updated their military registration information within 60 days after the mobilization law goes into effect. This applies to all men between the ages of 18 and 60 who have not contacted a regional recruitment center or specified their contact details in the "Reserve+" application. Legal marketplace "Consultant" offers professional support in solving military issues, providing advice and recommendations on further actions. Lawyers will help you understand possible options, prepare necessary documents, challenge actions in court or negotiate with military authorities. Military lawyer Kyiv, military lawyer, lawyer in war, military lawyer online, legal assistance during war.