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Publication date: 08.02.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
I consider the most serious changes in Bill 10449 to be the liability that they want to impose on all citizens who fail to report to TCC and SP. I consider these changes to be even more serious than the changes to the rules on deferral from mobilization or dismissal, because it is these changes that, if introduced, will be felt by everyone.
And it is these changes, as well as the obligation to report to the military enlistment office, that we will discuss in this article.
Everyone must report to the TCC and SP. Bill 10449
The obligation to report to the TCC and SP want to really introduce for everyone. And if Bill 10449 is passed, both those who have been served with a summons and those who have not.
For those who have not been served a summons, the deadline for appearance is set at 60 calendar days from the date of announcement of mobilization. Many people will ask: mobilization started a long time ago and these 60 days have already passed. There is an answer to this question. These 60 days will be counted from the effective date of Bill 10449, if passed.
In my opinion, only those who have already been there since the date of announcement of mobilization in Ukraine, or who have been removed or excluded from the military registration, will have the right not to appear in the TCC. But it is not so simple with the withdrawn and excluded. If you had a record "not fit in wartime, but fit in peacetime", then you are not excluded from military registration and you will have the obligation to appear. Also, in my opinion, it will be with those who were removed from the military registration due to age, and then this age was changed, and who are not yet 60 years old. They too may be required to report.
Electronic office of the person liable for military service and electronic summonses
Bill 10449 also plans to introduce that every person liable for military duty will be obliged to register his electronic cabinet and that too within 60 days.
And, as it is explained in the bill, through it it will be possible to clarify their data online without going to the military enlistment office.
And, of course, electronic summonses to TCCs and SPs will be sent through it. Which are considered received from the date they are sent to you. It doesn't matter if you opened them or not. Whether you have a smartphone or not.
It is said that the electronic office can be registered in 3 ways:
- directly by going to the military enlistment office;
- through Administrative Service Centers (ASCs);
- online by yourself.
But the problem is that online or through CNAPs this function does not work now.
And those who have recently been to military enlistment offices know what queues are already gathering there from those who want to make a reservation, get a vin-code, or get a deferment.
And now imagine that throughout Ukraine this queue will increase 10-20 times approximately. In general, I can't even imagine how military commissions are going to cope with it, if the bill is passed.
Restriction of rights and freedoms for non-appearance in TCCs and SPs
And now we come to the second part of our video, what happens if you continue to fail to report to the military recruitment center.
And there will be something that can lead the economy of Ukraine to complete collapse.
Everyone knows that those men who are left in Ukraine now, many of them have good jobs or their own business. And somehow they are doing some kind of activity even in the conditions of war. As a result, they create a cash flow, pay taxes. And this opportunity will be completely blocked if Bill 10449 is passed.
All men who fail to report to the TCC and SP:
- Will be banned from traveling abroad (even those with legitimate reasons to do so);
- will have their driving privileges temporarily suspended, i.e., license suspended;
- and seize all bank cards, checking accounts and deposits.
And after that, try working without a driver's license and with seized cards.
There are no plans yet to seize cars or real estate or to restrict men's right to make transactions.
Just as there are no rules yet on the huge fines for failing to report to TCC and SP that were under the previous bill from Bezugla. For now, the fines remain the same.
But, as they say, we'll have to see what finally passes or fails to pass.
How the process of restricting the rights of evaders will be handled
And here, too, there are interesting changes.
For example, if you did not show up at the TCC and SP, or did not register the electronic account of the person liable for military duty in time, how after that you will be restricted in your rights.
It is very simple.
After that, a representative of TCC and SP will send you a written request with a message about the need to immediately appear at the military enlistment office.
And he can send it to you by mail, electronically or hand-delivered.
And the electronic notice will be considered handed over from the date of its sending to you, regardless of whether you read it or not, whether you opened it or not, whether you deleted Diya from your phone or not, and whether you have a smartphone at all. No one will be interested in that.
Well, if they send you a letter in the mail, and you do not receive it and it is returned as unreceived, the notice is also considered served. And even if you have not lived at that address for a long time - it is considered received, because you were obliged to inform the military enlistment office of your new address. And sign in the postal notice - everything is also received.
And further, if you did not appear at this invitation of the military enlistment office, the officer of the military enlistment office should apply to the court to impose temporary restrictions on you.
And here many people will say, let him appeal, I will stall for time, postpone courts, appeal decisions. But even here it is not so simple.
The term of consideration of such an application in the military enlistment office - 15 days. The term for appealing the decision of the court in appeal - 15 days. And even if you appeal the decision, it does not suspend its execution and the decision is executed immediately.
It will be possible to remove these restrictions only by appearing in the military enlistment office. And that, after such an appearance, the officer of TCC and SP will still have to notify the executor that you have appeared and the restriction should be removed. And in practice I am sure that they will have to force them to do it through the court. And it will not be easy to get through to them with such queues.
In this article I told about the responsibility that they want to introduce for all citizens who do not show up to the TCC and SP, and about the obligation and terms of appearance for everyone, if the bill 10449 is passed. I will cover the rest of the issues in future articles.
I encourage everyone to read them.
Support of a lawyer at military point needs everyone, penalty for failure to appear at the military commissariat is not the worst what can happen for hiding from the military commissariat, responsibility for failure to appear before the military commissariat is strict.
