NEW FORMS OF SUMMONSES

NEW FORMS OF SUMMONS TO TCC AND JV - LEGAL ASSISTANCE

The government has updated the rules according to which citizens are now issued and served with summonses. New forms of subpoenas have been approved, among which the subpoena generated using the registry will contain a QR code. In our article, we will consider in detail all the innovations and answer the question: will electronic summonses appear and will they be handed out on the street.

What are the features of the new 2024 subpoena?

From May 18, 2024, a new law and procedure for serving summons in a new format came into effect in Ukraine. This is confirmed by Part 3 of Article 22 of the Law of Ukraine "On Mobilization Training and Mobilization". In addition, the new requirements for subpoenas are given in paragraph 29 of the Cabinet of Ministers Resolution No. 560 of May 16, 2024, and the form and content of the subpoena are approved in Appendix No. 1 to this resolution.

What does a new sample subpoena include

New subpoenas contain the following information:

• Surname, first name, patronymic and date of birth of the person to whom the summons is addressed;
• Name of the territorial procurement center (TCC) that issued the summons;
• The purpose of the call to the TCC;
• Date, time and place where you need to appear when summoned;
• Signature of the official who issued the summons;
• Subpoena registration number;

The main difference of the new sample is that some wording has been removed from the text

Now the summons:

1. Is signed out using the Unified State Register of conscripts, conscripts and reservists or filled out directly by a representative of the TCC and social support. The director of the TCC places a qualified electronic signature on the summons or personally signs it and certifies it with a seal;
2. The registration number of the summons is recorded in the Unified State Register of Conscripts.

In addition, there is no requirement to have an order from the chief regarding the summons to the TCC, now it is replaced by the registration of the summons in the Unified State Register of conscripts, conscripts and reservists.

Persons entitled to serve summonses

• Representatives of structural subdivisions of district and city state administrations operate within the territory covered by their powers.
• Representatives of executive bodies of village, settlement and city councils work within the administrative boundaries of the respective settlements.
• Representatives of enterprises, institutions and organizations perform their duties on the territory of enterprises and in places where their employees work.
• Representatives of intelligence agencies, the Central Administration or regional units of the Security Service of Ukraine have the right to act throughout the territory of Ukraine, but only with respect to reservists and conscripts who are on military registration with these agencies.

Authorized persons are obliged, at the request of a citizen, to present a certificate confirming their authority to serve summonses.

Process of service of summons

1. The representative of the TCC and the JV introduces himself and informs about the reason for the stop and the purpose of the communication.
2. At the request of a citizen, he must show two documents: a passport and an identity card of a person authorized to serve summonses.
3. Citizens are also invited to present their passport and military registration document.
4. If a person is subject to notification, he is served with a summons. It is important to note that photos and videos are taken during the delivery of the summons.

Legal analysis of the situation

The legal analysis of the new forms of summonses to TCCs and SPs, introduced from May 18, 2024, shows significant changes in the legislation, in particular, a more structured procedure for their delivery, which is regulated by new requirements in the Law of Ukraine "On Mobilization Preparation and Mobilization" and a Cabinet Resolution. 

The new subpoenas contain the identity of the conscripts, the purpose of the subpoena and a QR code for verification, which improves the transparency of the process. Citizens have the right to know the purpose of the summons and present their passport, and are also obliged to report the reasons for non-appearance. This can create challenges, but it also ensures a more efficient organization of the draft, reducing the risk of errors. 

The introduction of new norms also increases the responsibility of authorized persons for compliance with the rules, and their registration in the Unified State Register of Conscripts allows the state to better control the mobilization process, but requires citizens to be aware of their rights and responsibilities.

We invite you to cooperate!

If you have encountered legal problems and need help, do not hesitate to contact our specialists. Our legal marketplace brings together the best lawyers in various areas of law who are ready to provide you with qualified support. We provide an individual approach and an efficient solution to your requests. Contact us today and get help from experienced professionals!