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Publication date: 09.05.2024
active and purposeful military lawyer with more than 4 years of experience
TCC will send not only summonses to conscripts
According to the Law of Ukraine dated April 11, 2024 No. 3633-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" (hereinafter Law No. 3633), which will enter into force on May 18, all male conscripts of a certain age must appear at the TCC within 60 days to register for military registration and update their registration data. If they have not done so, they will be sent another document from the TCC - a "requirement".
What is a "requirement", to whom it will be handed over and under what circumstances, explains Kateryna Anishchenko, a lawyer of the legal company "Riyako&Partners".
Will they send a "demand" instead of a summons?
No, these are different documents that have their own sequence. The "requirement" will be sent after the summons, if the man of military age has ignored it. In essence, a "demand" is a subsequent or derivative document after a summons, according to which a person did not appear before the TCC.
"It is believed that when a person does not appear according to a summons, then the TCC sends a request to the police department with a request to conduct administrative detention of this person. If the administrative detention has not taken place within 5 days after that, then the TCC sends the husband a "requirement". "The requirement" is, in fact, a pre-trial settlement of the dispute, where it is assumed that the person must appear before the TCC," comments Kateryna Anishchenko.Otherwise, the TCC will be forced to apply to the court for a ban on driving vehicles and the imposition of other administrative penalties on this person as an evader.
The "requirement" will be served when the citizen:
• did not appear before the TCC;
• did not pass the VLK;
• did not update his data within 60 days.
Then the TCC turns to the police with a demand to deliver such a citizen to the TCC. In case of impossibility of delivery, the head of the TCC sends the same "demand" to this citizen in paper form by mail within 5 days.
It is considered that the "requirement" is received from the moment when the post office employee puts his signature on its receipt by a person. Or put a signature where it is indicated that the person refused to receive this document or did not appear at the registration address.
"The TCC sends the case materials to the court within 10 days after the return of this "requirement" with a postmark. With evidence that they have used possible methods to report conscript about his obligation to register for military service. And in the future, the court will consider this case and impose administrative penalties. Such cases will be considered by general local courts at the address of registration of a conscripted man," the lawyer draws attention.
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How cases will be considered in court
It is assumed that cases in courts regarding men of draft age after sending a "requirement" will be considered in the order of written proceedings without summoning the person to court. That is, a person may not know that a case is being heard against him.
"As a lawyer, I assume that there will be one demonstrative case, which the courts will then take as an example for others. Names, surnames and patronymics will change, but in essence, the content will be the same," says Ms. Anishchenko.
She also admits that due to the large number of cases, there will be a burden on pre-trial investigation bodies, which have to carry out administrative detention. Courts will also face a heavy load. Some district courts have already taken over the work of those institutions that were located in the occupied territories.
"The law states that such cases will be considered in courts within 30 days, but I think it will take longer. Maybe about two months," she suggests.
What will be the fines for ignoring subpoenas
Fines will be higher than they are now. According to the lawyer, there will be no question of 3,600 or 5,200 hryvnias. Now you will have to pay from 17 to 25 thousand, for legal entities fines amount to 56 thousand hryvnias."It seems that the legislator removed these primary references to the law, which referred to the seizure of the card account. Because people began to understand that it is illegal. That is, there is no question of blocking accounts. But let's be honest: the court will decide to impose a fine on the person, and then the executive service will be forced to search for the debtor's accounts and seize them. And then we come back to it," the interlocutor points out.
The seizure of accounts was not prescribed in Law No. 3633, but the Law of Ukraine dated June 2, 2016 No. 1404-VIII "On Executive Proceedings" provides for the obligation to impose seizure and block accounts. Without this, the executive service will not be able to implement the court's decision to bring the offender to justice, she says.
According to Kateryna Anishchenko, such changes do not motivate people to go to the TCC to register for the military. But the number of mobilized will increase. Because with the strengthening of the rules, people will be forced to appear before the TCC. Meanwhile, some people will continue to fail to appear, but will still try to pay their fines.
