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Publication date: 11.03.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
I get a lot of calls about being served with a summons in another region where I was traveling on a business trip, being served on the street, and not being shown my credentials, and what should I do now. Therefore, in this article I would like to discuss in detail the situation, where a summons can be served and where to appear if it is served.
Delivery of summonses on the street, how much is it legal?
It will probably upset many of you, but in general, serving summonses on the street, serving summonses at checkpoints is legal.
There are already certain norms and clarifications that TCC and SP officers can serve you a summons anywhere. And on the street, and at a roadblock, and at your place of residence, and not at your place of residence.
So alas, but the position, I was served a summons on the street and it is not legal, will lose in court.
But do not rush to accuse me and say that how is it so, they even write a subpoena on their knees and do not show the authority, and you say that it is legal. I didn't mean anything by it.
And still at least for the time being they do not have the right to check documents, the police have the right to do that, but the police do not have the right to serve subpoenas and do not have the right to disclose your confidential data to them.
And of course all this is violated almost everywhere. And of course it's turned a blind eye.
But if all these requirements are met, you can legally be served a summons on the street, at a checkpoint, and anywhere else.
Of course, you have the right to say that you are registered in another region and came here for 2 days on a business trip for work or to visit a friend. But they are not obliged to listen to you and issue you a summons exclusively to your TCC.
It should be understood that in the other region most likely there are employees not of your TCC, but employees of the TCC of another region. And most likely they will issue you a subpoena in their TCC and the SP to which they are subordinated.
And now many people will say, well, but it will be on the knee, without authority and I will legally refuse it.
I agree with you, yes, it's all likely to be in violation. And you have the right to refuse it. That said, I wouldn't advise it.
Because 90% of the refusal to receive a subpoena to clarify the data end up "dragging in the busik" and further unpleasant consequences.
And sometimes it is easier to receive a summons to clarify the data, calmly leave and then calmly think to appear somewhere or not, than to call the police, to fix your abduction, and at gunpoint to say that you will not sign anything and refuse to undergo a medical examination under duress. And if the situation ends with a "busik", you will have only such a maximum conflict option.
It is also possible to get out of this situation, and quite realistic. But you will need iron nerves, willpower and endurance.
Therefore, before deciding to sign or refuse to sign the summons to clarify the data, weigh the pros and cons and decide what is better for you, to go through the process of registration of deferment or pay an administrative fine for failure to appear, or to fix your abduction, refuse to sign everything and spend this day with maximum adventures.
Well, if you are still illegally dragged to the military enlistment office or to the front, I tell you in more detail how to act in this case in my other video on the topic: "Protection from the lawlessness of the TCC, if dragged to the military enlistment office" at the link: https://youtu.be/M5EDvKzDkr4.
To get out of this situation is also real, and in this video I tell real practice how to do it.
But I do not advise anyone to provoke and create this situation on purpose.
You received a summons in another region, to which military enlistment office should you go?
Suppose you were visiting a friend, or on a business trip and received a summons for clarification of data with an invitation to the military enlistment office, which is located in Kiev, although you are registered and live in Kharkiv. Where to go and what to do?
This is a very difficult situation that many people face.
And according to the rules you should go to the TCC and SP, to which you were invited by summons.
Otherwise there will be confusion.
For example, you received a summons to the TCC and SP in Kyiv. You yourself came on this summons to the TCC and SP at the place of your residence in Kharkiv. It turns out that in Kharkiv you were not summoned, but you came and they are very happy. And in Kiev they have you in their database as a summons evader, and at any moment you can write an administrative fine for failure to appear and you can get into the wanted database.
It is clear that all this can be challenged in court. But the fact is the fact.
Unfortunately, at the moment we do not have unified databases, so that the staff of the TCC and the SP can immediately see the military enlistment office to which you are assigned, and so that the staff of one military enlistment office can find out that you have been or have not been to some other military enlistment office.
At the same time, wherever you are and whichever military enlistment office you decide to go to, before you go there, make sure that you have some grounds for deferment from mobilization, send a letter for deferment and go through the process of its registration.
If you show up anywhere at this time without grounds for deferment from mobilization, you are almost guaranteed to be summoned. In the beginning of the war it was not so tangible, but now it happens to almost everyone who shows up there unprotected. So keep that in mind.
Failure to appear on a summons to clarify data is an administrative fine and the possibility of getting into the wanted database, but it is not criminal liability. And the failure to appear on mobilization order, the delivery of which is possible only after passing a medical examination - it is immediately criminal liability.
In this article I told you where summonses can be handed out and what military enlistment office to go to if the summons is served in another region. Also there are published many videos and articles about what are the grounds for deferment from mobilization, how to draw it up and how to fight the lawlessness of the TCC and SP. I advise everyone to familiarize themselves with it.
Nowadays escort at the military commissariat is very popular, military commissariat is not the save place now, legal support at the military commissariat needs every one not to get responsibility for failure to appear before the military commissariat.
