Publication date: 08.02.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Only everyone exhaled after the rejection of the "Christmas miracle" from Bezuglaya, as a new no less remarkable miracle appeared in the Verkhovna Rada - bill 10449, which again want to amend the law on mobilization, the rules of dismissal, to introduce restrictions on rights and freedoms for failure to appear in the military recruitment office and restrictions for those who went abroad.
It's a good thing I left in time. Now no TCC will catch me. And I'll sit quietly abroad until the war is over. That's probably what many of you will say. But not everything is so simple.
In this article I want to dwell separately on the topic of what will happen to those Ukrainians who are now abroad, if they do not report to the TCC.
Restriction of the rights of evaders abroad
I apologize in advance for such unsubstantiated phrases, but, unfortunately, from the point of view of the current TCC and SP, if you are abroad, you are an evader. If you don't show up at TCC, even if you are sick, you are a dodger. If you say that you have a deferment, you are an evader. Certainly an illegal point of view. But these are realities that you have to be prepared to face and know how to resist. Representatives of the authorities often forget about their rights and obligations to ensure the safety and possibility of citizens' residence on the territory of Ukraine, but not about the obligations of citizens.
We all know that a lot of legally or illegally mobilized men went abroad and stayed there. And because of the risk of mobilization, they do not plan to return until the end of the war.
And Bill 10449 proposes a way to deal with that.
They want to introduce a provision that consular actions in foreign diplomatic institutions of Ukraine under martial law at the request of male citizens of Ukraine aged 18 to 60 years, who are conscripts, persons liable for military duty or reservists, is carried out on condition that these persons have military registration documents.
This means that to renew a foreign passport, to get a foreign passport or to perform any actions through the consulates and embassies of Ukraine abroad a conscript aged from 18 to 60 years old will now be able to do so only if he or she presents a military ID card.
And if he does not show it - sorry, we cannot serve you.
Of course, this violates the basic rights and interests of citizens, of course, it is unlikely to contribute to the influx of men to Ukraine. But alas, these are the changes that are planned to be introduced.
And even for those who are now in Ukraine, but planning to leave, it will be impossible to get a passport without a military ID. That is, you want to leave - go to the military enlistment center. This is the logic.
What services through the consulate will be possible to get without a military card
Nevertheless, even if the changes are adopted and limit the rights of Ukrainians abroad, as proposed by the bill 10449, it will be possible to get certain services through consulates and embassies of Ukraine without a military card for persons liable for military duty from 18 to 60 years old.
And the list of these services is as follows:
- execution of an identity card for return to Ukraine;
- performance of consular actions in respect of children of a citizen of Ukraine, the second of whose parents is a foreigner or a stateless person. I.e. if both parents are citizens of Ukraine, that's it, it will be impossible to perform consular actions in respect of children without TCC and SP;
- performance of notarial actions on issues of inheritance registration. At least this remains possible. I.e. it will still be possible to accept inheritance from abroad without the participation of the military commissariat in this process;
- taking actions on applications of Ukrainian citizens who are under arrest, detained or imprisoned abroad.
What else threatens the military conscript abroad, if he does not appear in the TCC and SP
Additionally, in addition to restrictions in consular services, a person liable for military duty faces the same restrictions that apply to ordinary citizens for failure to report to the military enlistment office:
- seizure of all bank cards and checking accounts;
- prohibition of the right to drive and restriction of the driver's license for failure to report to the military registration office;
- restriction of the right to travel abroad.
That is, for those who have remote business, who sit abroad and work with Ukraine, it will be impossible to do it without TCC and SP.
How to circumvent restrictions on the rights of military conscripts abroad
As for the arrest of accounts, prohibition of driving and travel abroad, these restrictions, if they are introduced, will be impossible to circumvent without appearing in the military enlistment office.
As for the restriction of consular services - you can apply to private notaries abroad, make notarized translations of documents and apostilles through them.
But this is also not always possible and not always an option.
I know I haven't made many people happy. But we need to understand the realities of life and keep track of whether Bill 10449 will pass or not.
In this article I told what will happen to those Ukrainians who are now abroad, if they do not show up at the TCC and if Bill 10449 is passed.
I advise everyone to read it.
Support of a lawyer at military point needs everyone now, penalty for failure to appear at the military commissariat is not the worst, complaint to the military commissariat is not the thing that can help.
