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Publication date: 21.05.2024
New rules for serving summonses
The Government of Ukraine has established new rules for serving subpoenas.
Resolution of the Cabinet of Ministers No. 560 dated May 16, 2024 approves the Procedure for conscription of citizens for military service during mobilization and for a special period. The document, which contains about 80 pages, was published by the government on May 17, on the eve of the entry into force of the law on strengthening mobilization measures No. 10449.
The new rules specify that a summons is deemed to have been served if there is a note in the postal message that there is no person at the registered address. This applies to cases where the person has not notified the territorial recruitment and social support center (TCC) about the change of address of the place of residence. This is important to ensure the effectiveness of mobilization processes in the country.
There are two main ways to confirm the call of a reservist or conscript to the relevant territorial center or SBU body:
1. Personal delivery of the summons:
The personal signature of the reservist or conscript to receive the summons serves as confirmation. This can also be confirmed by a video recording of the process of delivery or familiarization with the summons. In case of refusal to receive a summons, a video recording of the act of refusal also serves as confirmation.
2. Sending a summons by mail:
The confirmation is the date of receipt of the summons, which is recorded by the postal operator. If the person refuses to receive the summons or is not at the specified address, the corresponding marks in the postal message also serve as confirmation.If the person has not reported a change of address, absence notes at the registered address are also considered as confirmation of the call.
The procedure for prosecution in absentia has been adopted
We note that on May 17, President Volodymyr Zelenskyy signed bill No. 10379, which provides for the possibility of imposing a fine in absentia on persons who did not register for the military, did not update their data, or did not appear when summoned to the territorial recruitment center (TCC). According to the new law, it is not necessary to draw up a protocol for issuing a resolution of the TCC, if the TCC has documents confirming receipt of the summons. The TCC will be able to immediately draw up a resolution on administrative liability and impose a fine.
The amount of fines has been increased
Fines for violating the rules of military accounting in accordance with Article 210 of the Code of Administrative Offenses will also be increased. Now the minimum fine for failure to appear at the military commissariat will be 17,000 hryvnias, and the maximum - 25,500 hryvnias. These changes are aimed at strengthening responsibility and ensuring the effectiveness of mobilization measures.
Professional legal assistance that can be provided by a lawyer during the implementation of the rules of military registration and mobilization
Legal service "Consultant" provides a wide range of professional legal assistance during the implementation of the rules of military registration and mobilization. Here are some of the main services:
1. Legal advice on military legislation. The analysis of documents and the consultation of a lawyer are necessary to find out the existing rights of a person or to determine the scope of violated rights and to choose methods for their implementation or protection and restoration.
2. Legal assistance in matters of registration and removal from military registration.
3. Counseling regarding the passage of the military medical commission and appeal of its results.
4. Legal protection when accused of evading mobilization or prosecution for committing other offenses related to the performance of military duty.
5. Exemption and mitigation of liability for violations of the rules of military registration and mobilization.
6. Preparation of applications, appeals, requests and other necessary documents to the relevant authorities. Verification of documents by a lawyer and the sending of relevant statements, requests or complaints ( complaint to the military commissariat ) are necessary for the realization and protection of the rights of conscripts.
7. Support in the territorial center of staffing and social support ( Support of a lawyer at military point, legal support at the military commissariat, escort at the military commissariat ).
8.Legal assistance in registering for military service, receiving deferments and exemptions from military service, receiving cash payments, issuing leave or transfer to another military unit, etc. A lawyer's legal opinion will ensure the correctness of the chosen method of exercising rights or protecting 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 exercised or properly protected, and can assist in cases where there are difficulties or conflicts 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 the court, will take part in a court hearing in any city of Ukraine. Legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
