Publication date: 12.04.2024
Every Ukrainian should be aware of the unlawful demand of the MCC
Every Ukrainian liable for military service must be registered for military service and regularly update his or her data in the CMC and the JIC. However, there are cases when employees of territorial centers resort to certain manipulations when accepting documents. That is why citizens should know how the entire procedure should be carried out correctly.
Which requirement of the TCC contradicts the law
According to the lawyer, very often the staff of the MCCs use a trick, claiming that the application for a deferment and documents confirming the existence of relevant circumstances must be submitted by men liable for military service exclusively in person. However, the lawyer emphasizes that this statement contradicts the law.
As Krekoten explains, according to Part 6 of Article 5 of the Law of Ukraine "On Citizens' Appeals," a written appeal may be submitted by a citizen to the relevant body or institution
- in person;
- through a written appeal sent by mail;
- through an authorized person whose powers are formalized in accordance with the law.
"As you can see, the law allows you to apply to the TCC in any convenient way, including by sending a letter by mail," the expert emphasizes.
At the same time, he adds that TCCs do not always comply with the above-mentioned provisions of the law. Sometimes they ignore the application, sometimes they send a meaningless response that you need to come to them in person to consider the application.
"Such behavior is unlawful inaction and can be appealed in court. There is no point in appealing to the regional TCC - you will waste your time."
"As you can see, the law allows you to apply to the TCC in any convenient way, including by sending a letter by mail," the expert emphasizes.
Why you should not send letters by e-mail
The lawyer noted that sending letters to the TCC's e-mail is a bad idea. The fact is that TCCs do not have official e-mail addresses, and therefore you will not have proof of receipt of your letter.
"Then you won't be able to prove that your rights have been violated."
Instead, having received a letter by mail, TCCs and JVs are obliged to consider the application objectively and in a timely manner, verify the facts stated in it, make a decision in accordance with the applicable law and inform the citizen of the results of the application consideration.
"The law imposes an obligation on TCCs and JVs to notify the citizen in writing of the results of the review of the application or complaint and the essence of the decision."
Earlier, we wrote that new rules of conduct for employees of TCCs and JVs have been introduced when serving summonses.
Having outlined the amendments to the law on mobilization, citizens should be informed that in any case they need Escort at the territorial recruitment and social support center , support at the military commissariat and should be aware of the responsibility for failure to appear at the military commissariat, responsibility for hiding from the military commissariat,legal support at the military commissariat
