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Publication date: 01.05.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
In the network again began to rise a wave of discussions about the adoption of bills 10449 and 10379 and about strengthening the measures of responsibility for failure to appear in the military enlistment centre. Let's discuss the latest news on this subject.
I warn you that the latest version of Bill 10449 has already been passed and will come into force on 18 May 2024. And Bill 10379 is still under discussion.
Everyone should appear before the TCC
Yes and no.
Indeed, within 60 calendar days, they want to require everyone to clarify their data to the TCC and SP.
And it should be available in 3 ways - through attendance at the TCC, electronically through the electronic office of the person liable for military service or through the CNAP.
As far as I know, the electronic functions are not working right now.
And if any of you has a deferment, I recommend you to apply for it now. Because the queues in TCC are already huge, not from volunteers of course, but from those who want to get a deferment or booked, and after such changes may become bigger.
Also, even if they introduce the possibility of clarifying data online - it is not so simple.
If you have no grounds for deferment - you will immediately receive a summons to be sent electronically.
And even if there are.
Let's say you are abroad, applied for deferment online, clarified your data. And then you are told well, just pass the VLK, here is your electronic summons.
And that's it, the process of clarifying data from abroad has come to a dead end.
Well, if you have not clarified your data - then there is a risk of administrative fine and prohibition of driving licence. Blocking of bank cards or seizure of property as a measure of influence is not expected yet. But you won't be able to use consular services abroad and you won't be able to prolong your passport either.
These are the surprises of the bill 10449.
Liability for failure to appear on summons
To begin with, I will say at once, now, as of 9 April 2024, Bill 10379 has not been passed. But it has already passed first reading. And everything we're discussing here - it's not currently in effect yet. This is just the data that's being discussed in some committees, posted on Facebook and talked about online. And on the basis of which this bill can be submitted to the Verkhovna Rada for consideration at any time.
As for the bill 10449 - now on 11.04.2024 it is being voted for in the VRU and if they vote for it, it will come into force.
In my article I will focus on how quickly these changes will come into force and how controversial their adoption is.
At the moment, for failure to appear on summons for clarification of data in the military enlistment office or for failure to appear on summons for medical examination for 1, 2 non-appearance you face an administrative fine of up to 5100 UAH, as well as getting into the search database, but it is not criminal liability. For the 3rd non-appearance a criminal summons is possible, although in practice I have not seen such a summons for clarification of data.
Criminal liability at the moment comes only for failure to appear on a summons for dispatch, i.e. on a mobilisation order, the delivery of which is possible only after passing a medical examination in the military commission.
At the moment, no one can block your bank cards, prohibit transactions with real estate or the right to travel abroad for failure to appear on the summons.
But this is for the moment. And now let's discuss what the rumours are about.
What responsibility for evasion from mobilisation they want to introduce
Just recently in the network kind of all came to the opinion that the ban on the provision of consular services to citizens of Ukraine abroad without a military ticket violates human rights.
As well as came to the conclusion that the blocking of bank cards, real estate transactions, banning the right to drive and travel abroad also contradict basic human rights.
But now it is as if they have forgotten about it. And they have started to discuss all these restrictions again.
Although, of course, the decision is very ill-considered, including for the Ukrainian economy. After all, all business, which is already not feeling the best in wartime, will be forced to go into the shadows. And all men will stop their active lifestyle altogether.
The norms on limitation in providing consular services abroad without military registration documents are included in the bill 10449, for which everyone is now voting. And very likely to be passed in the near future.
As well as the norms that it will be impossible to get a passport without a military ID are quite realistic to be adopted in the near future.
And most likely, such a measure of influence as restriction in the right to drive a vehicle will be introduced for non-appearance in the military enlistment centre. That is, they will temporarily deprive of driving licence.
As for blocking of cards and ban on real estate transactions - no such restrictions have been introduced yet.
Now let's see what else is mentioned.
Prohibition of the right to travel abroad without a military card
They wanted to ban the right to travel abroad without a military ID, but rumour has it that this amendment to Bill 10379 did not pass.
As for draft law 10449, which everyone is now voting in favour of, there was no such prohibition in it. But they wanted to add the right for employees of the State Border Service to check for military registration documents.
According to the latest information, this amendment did not pass.
Penalty for failure to appear on summons to the military enlistment office
They want to increase fines for failure to appear on summons to the military enlistment office. There were rumours about huge figures up to 205000 UAH. Although personally I think that up to 51000 UAH. But they will not be like that.
But still here, in my opinion, it is quite likely that the fines may increase. At least in order to replenish the budget.
According to the latest data on the latest version of the first reading of the bill 10379 the following administrative fines are planned:
- Penalty for violation of the rules of military registration under Article 210 of the Code of Administrative Offences from 8500 UAH to 17000 UAH;
- Penalty for violation of legislation on defence, mobilisation preparation and mobilisation under Article 210-1 of the Code of Administrative Offences from UAH 17000 to UAH 34000 in wartime for citizens and from UAH 153000 to UAH 204000 for legal entities and officials.
They want to increase the term of bringing to administrative responsibility up to 3 years.
As we can see, the amounts of fines have been reduced compared to the original ones, but significantly increased compared to what they are now.
And I imagine if everyone who has 10-15 summonses, on which he did not appear, will now pay such fines.
But this norm on fines and amounts is finally considered in the bill 10379, which is still under consideration and passed only in the first reading. And there is no final version of it yet.
But there's another pitfall here.
For example, even if the norm is not adopted and bank cards will not be blocked for failure to appear on summons to the military recruitment centre.
At the same time, a fine will be issued. A person, let's say, will not pay it. The fine will go to the executive service for execution. And the executor will block all bank cards and seize the property. And it will be until he does not pay the fine.
So, with such fines and the norm on blocking cards does not have to be introduced. For many people it can come on its own.
Criminal liability for refusal of medical examination or non-appearance on summons
There were rumours on the net that they want to introduce criminal liability for refusal to undergo a medical examination in the military commission and failure to appear on summons.
At first the bill 1039-1 was rejected, which proposed to introduce criminal liability for this. And then they passed in the first reading the bill 10379, by which the refusal to undergo medical examination they want to consider criminal liability under Article 366 of the Criminal Code of Ukraine with imprisonment from 3 to 6 years. And then we will see how it will be. Whether it will be accepted or not.
And here I would like to add that recently in the court register there have been single decisions, where some people were brought not to administrative, but to criminal responsibility for refusal to undergo VLC in the military commission.
Although under the current legislation this is still administrative responsibility.
In general, as a rule, it is an administrative fine and now, in most cases. But there are isolated decisions that give reason to think.
Administrative arrest for failure to appear on a summons
Also in the network there are rumours that they want to detain up to 3 hours for non-appearance in TCC and SP. But it seems that this norm has been rejected so far. Let's hope so.
There is nothing terrible about a 3 hour delay in itself. But nowadays it is a risk of illegal actions on the part of TCC and SP and kidnapping.
Here is actually a brief review of the latest news on strengthening the measures of responsibility for failure to appear in TCC and SP.
Let's see further on the fate of the bill 10379, well as 10449 will be I force 18.05.2024. And if there are any changes, I will highlight them.
Escort at the territorial recruitment and social support center is actual now, fine for failure to appear at the military commissariat is more and more, hiding from the military commissariat is not good idea, responsibility for failure to appear at the military commissariat is popular question.
