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Publication date: 25.04.2024
lawyer, 23 years of experience in enforcement.
The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization and Military Registration", the main provisions of which will enter into force on 18.05.2024, established new liability for failure to appear before the Military Committee, or more precisely, new measures of influence on citizens who avoid mobilization. Let me remind you earlier responsibility for failure to appear at the military commissariat it was an administrative fine for not appearing at the military headquarters after receiving a summons to the military headquarters and criminal liability for evading the execution of the mobilization order.
The new impact measure, which will be applied from 05/18/2024:
Temporary restriction of such a citizen's right to drive a vehicle during mobilization
The procedure for applying the impact measure
1. The person did not fulfill the duties provided for in Part 1, 3 of Article 22 of the Law "On Mobilization Training and Mobilization" and committed an admin. an offense provided for in Article 201-1 of the Criminal Procedure Code;
2. The head of the TCC and SP applies to the police regarding administrative detention and delivery of such a citizen to the TCC and SP;
3. If the police were unable to detain and deliver such a citizen to the TCC tap SP must send a reply about the impossibility of doing so;
4. Within 5 days from the day of receiving such a response, the TCC and SP shall send by mail a request for the fulfillment of duty (obligations) to conscripts and reservists.
The form and content of the request will be determined by the Ministry of Defense of Ukraine.
The procedure for applying the impact measure
The day of delivery of the claim is:
1) the day of delivery of the claim under receipt by means of postal communication;
2) the day on which a notice of refusal to receive a claim or a notice of the impossibility of delivering a claim to a person for other reasons at the address of the location, place of residence or stay of the person notified by that person to the territorial center of recruitment and social support is placed in the postal message;
3) the day on which the notice of refusal to receive the request or the notice of the impossibility of delivering the request to a person for other reasons at the address of the location, place of residence or stay of the person registered in accordance with the procedure established by law, if this person did not notify the territorial center of recruitment and social support another address
5. The citizen has 10 days from the date of delivery of the demand to voluntarily fulfill the obligations.
6. If the obligations are not fulfilled, the TCC and the SP within 30 days file a lawsuit to the court for the application of a measure of influence.
7. The court considers the case within 30 days
8. The court decision is subject to immediate execution
9. An appeal can be filed within 15 days from the day of the announcement
10. The appellate court considers the case within 15 days from the day of the opening of the appellate proceedings
11. The decision of the court of appeal may be appealed in the cassation procedure
Grounds on which the court should refuse to satisfy the requirements
1. If the TCC and joint venture does not prove that the citizen has not fulfilled his duties and committed an offense provided for in Art. 210-1 KUApP
2. If the TCC and SP do not prove the impossibility of administrative detention and delivery of such a person by the police
3. If the TCC and JV fail to prove that the claim was served on the person
4. If the TCC and JV do not prove the non-fulfillment of the obligation specified in the demand by such a person
5. If the establishment of such a restriction deprives a person of the main legal source of livelihood
6. If a person uses a vehicle in connection with a disability or being dependent on a person with a disability of the I, II group, established in the prescribed manner, or a child with a disability.
So, as we can see, the procedure for applying such a measure of influence is quite complicated, and at the same time we understand that in many cases the representatives of the TCC and SP will approach the fulfillment of these requirements quite formally, in legal support at the military commissariat will help to avoid such negative consequences and fine for failure to appear at the military commissariat. Escort to the military commissariat in this case is simply necessary.
