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Publication date: 25.04.2024
lawyer, 23 years of experience in enforcement.
Obligations of citizens:
- in the case of receiving a summons to the territorial center of recruitment and social support, the citizen is obliged to appear at the place and time specified in it.
- to provide in the prescribed manner during mobilization the buildings, structures, means of transport and other property of which they are the owners, to the Armed Forces of Ukraine, other military formations, the Operational Rescue Service of Civil Protection, with subsequent reimbursement by the state of their value in the manner established by law.
- citizens who are in the reserve and are not called up for military service or are not involved in the performance of mobilization duties in the positions provided for by the states of wartime, during mobilization, may be involved in the performance of works of a defensive nature in accordance with the law.
- citizens who are engaged in entrepreneurial activity perform mobilization tasks (orders) in accordance with concluded agreements (contracts).
- during mobilization, citizens are required to report to military units or assembly points of the TCC and SP within the time limits specified in the documents they received (mobilization orders, summonses of heads of territorial recruitment and social support centers), or within the time limits determined by military commanders parts
- citizens who are in reserve are assigned in advance to military units for military service in wartime or to other units or formations to perform duties in positions provided for by wartime staff.
Citizens are called up for military service during mobilization or their involvement in the performance of duties in positions provided for by wartime states is carried out by the TCC and SP with the assistance of local executive bodies or commanders of military units.
Conscripts and reservists who are at the meeting, in the event of the announcement of mobilization, continue to be at the meeting. If necessary, the specified persons are called up for military service by the commanders of the relevant military units by order of the General Staff of the Armed Forces of Ukraine.
The duty of the representative of the TCC and SP during the delivery of the summons:
When serving a summons, representatives of the territorial recruitment and social support center, at the request of the citizen to whom the summons is served, are required to state their surnames, first and patronymics, positions, and also present their official IDs.
During the inspection of documents, an authorized representative of the TCC and SP or a police officer performs photo and video recording of the process of presenting and checking documents using technical devices and means of photo and video recording (this rule comes into effect on July 17, 2024)
Requirements for filling out subpoenas:
1) full name and date of birth of the citizen to whom the summons is addressed;
2) name of the TCC and SP that issued the summons;
3) the purpose of the call to the territorial center of recruitment and social support;
4) place, day and time of appearance on summons;
5) signature (electronic digital signature) of the official who issued (formed) the summons;
6) registration number of the summons;
7) explanation of the consequences of non-appearance and the obligation to report the reasons for non-appearance.
GOOD REASONS FOR NON-ARRIVAL
- an obstacle of a natural nature, illness of a citizen, military operations in the relevant territory and their consequences, or other circumstances that prevented the opportunity to personally arrive at the specified point and time;
- death of a close relative (parents, wife (husband), child, siblings, grandfather, grandmother) or a close relative of his wife (husband).
In the case of non-arrival, the citizen is obliged to inform the TCC and SP as soon as possible, but no later than three days from the date and time of arrival specified in the summons, about the reasons for non-appearance by directly contacting the TCC and SP specified in the summons or in any other way with his subsequent arrival within a period not exceeding seven calendar days.
Liability for non-appearance is provided for in Article 210-1 of the Criminal Procedure Code
- Failure to appear on a summons to clarify data is subject to a fine that can range from 1,500 to 3,400 hryvnias. Repeated violation within a year may result in a larger fine of up to 5,100 hryvnias.
- Failure to appear on a summons to pass a military medical commission (a notice signed by a military commissar obliging the recipient to undergo a medical examination (military medical commission – VLK) is punishable by an administrative fine from 1,500 to 3,400 hryvnias. The fine may be higher , if the offense is repeated within a year.
- For non-appearance according to the mobilization order (after clarifying the data, passing the VLC and obtaining a conclusion on suitability for military service, you can receive a mobilization order. Such a notification obliges a citizen of Ukraine to appear at the specified conscription point within 24 hours. This notification means immediate enlistment and sending to the army) is subject to criminal liability under Article 336 of the Criminal Code of Ukraine. Thus, draft evasion is punishable by restriction of freedom for a period of 3 to 5 years. Evasion can include not only non-appearance of a conscript, but also forgery of documents, illegal departure to another country, etc. The court may also set a probationary period to correct the violation.
In addition to fines and criminal liability, the legislator provided for a new measure of influence, which is a temporary suspension of the right to drive vehicles.
I would like to draw your attention to the fact that resolutions on bringing to administrative responsibility are carried out by the bodies of the state executive service, and upon execution of such a resolution, funds and property of the person brought to responsibility may be seized, or other enforcement measures may be taken, in case of non-payment of a fine.
Therefore, when receiving the first summons to the military commissariat or applying to the TCC and SP for the purpose of clarifying the data, it would be advisable to provide yourself with an expert on this issue, then get support in the territorial center of recruitment and social support. A professional lawyer, when providing legal support at the Military Commissariat, will help to avoid both a fine for failure to appear at the Military Commissariat and, in case of violation of rights, to write a complaint to the Military Commissariat.
