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Publication date: 15.05.2024
NOTIFICATION IS A NEW CONCEPT IN MOBILIZATION
Law of Ukraine No. 3633-IX, adopted on April 11, 2024, which will enter into force on May 18, 2024, amends some legislative acts of Ukraine related to military service, mobilization and military registration.
The new law introduces the concept of "Notification", which, among other things, will include calling citizens to the TCC, as well as serving summonses.
What are Alerts?
According to the law, "alerts - the delivery of signals and messages (directives, orders) to military administration bodies, central and local executive authorities, local self-government bodies, enterprises, institutions, organizations and the population about the announcement of mobilization, summoning citizens to territorial recruitment centers and social support, as well as serving (sending) summonses to citizens."
More simply, we can say about the meaning of the concept of "Notification" that it is a procedure of informing conscripts or reservists about the need to perform certain duties, which may include appearing at military commissariats, undergoing medical examinations, training or mobilization.
To whom will the Notice apply?
The notification procedure, in addition to authorities and military administration, will apply to conscripts and reservists who are on military registration and to persons subject to conscription.How will the "Notification" procedure be implemented?
The implementation of the notification procedure will take place through official notifications, which can be sent by mail, e-mail, via SMS or other means of communication that provide documentary confirmation of receipt of the notification.
Business Responsibilities Regarding Notifications
According to the updates of Article 21 of the Law "On Mobilization Training and Mobilization", business entities, enterprises and organizations are now responsible for keeping records of persons subject to conscription, including reservists and those with military obligations among their employees. They must also ensure the protection of these individuals, report to the authorities and ensure that workers involved in mobilization tasks reach assembly points and military units in a timely manner.
In addition, the changes provide that organizations are now obliged to inform workers in a timely manner and ensure their arrival at the collection points using appropriate informational and technical measures. The costs of this process will be compensated from the state budget no later than one month after the submission of the corresponding request, in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.
Thus, organizations must now provide “Notice”, which includes service of subpoenas. The details of the "technical and organizational measures" required for this were not specified and are expected to be determined by the government.
Liability for violation of the "Notification" rules:
Liability for violation of notification functions: Administrative or criminal liability may be applied in accordance with the current legislation of Ukraine for non-fulfillment or improper fulfillment of obligations related to notification. This may include fines, restrictions on certain rights or other measures provided by law.
About the military accounting system:
In addition to the introduction of the concept of "Notification", the amendments to the law provide a definition of the concept of "Military accounting system".
The law establishes that the military accounting system is defined as an integrated network that unites various bodies and institutions for the purpose of keeping records of persons subject to military conscription. This system includes state bodies, local self-government, the Armed Forces of Ukraine, other military formations, civil defense structures, as well as private enterprises and organizations. The responsibility for the organization and maintenance of military records rests with the heads of these institutions, while direct record keeping is carried out by personnel services or relevant officials. The objects of military registration are conscripts, persons with military obligations, and reservists. Specialized databases and registers are used to automate accounting processes.
Professional legal assistance that can be provided by a lawyer during the implementation of the rules of military registration and mobilization
Attorneys who specialize in military matters can provide a wide range of professional legal assistance during the implementation of military registration and mobilization regulations. Here are some of the main services they can offer:
1. Legal advice on military legislation. Analysis of documents and consultation of a lawyer are necessary to determine the scope of violated rights and to choose methods for their protection and restoration.
2. Legal assistance in matters of military registration and removal from it (subpoena to the military commissariat).
3. Counseling regarding the passing of a medical commission and appeal of its results.
4. Legal protection when charged with evasion of mobilization.
5. Exemption and mitigation of liability for violation of mobilization rules ( responsibility for failure to appear before the military commissariat, fine for failure to appear at the military commissariat 2022, liability for failure to appear at the military commissariat).
6. Preparation of applications, appeals, requests and other necessary documents to the relevant authorities (complaint to the military commissariat, . Checking of documents by a lawyer is necessary to find out which rights have been violated.
7. Support in the TCC ( legal support at the military commissariat, support in the Military Committee, escort at the military commissariat ).
8. Legal assistance in registering for military service, obtaining deferments and exemption from military service. A lawyer's legal opinion will ensure the correctness of the chosen method of protection of violated rights.These services can be especially important in wartime, when the rights and legitimate interests of those who are already serving, as well as those who are only being called up for service, become especially important. Military lawyers can help ensure that the rights and interests of those involved in mobilization are properly protected, and assist in cases where difficulties or conflicts arise with military authorities or the law.
Legal service "Consultant" provides the service "lawyer's help online".
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or courts, will take part in court hearings in any city of Ukraine. Legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
