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Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
Procedure for serving military summonses
ТекстThe process of notifying citizens about conscription for military service and their subsequent arrival at the conscription station is organized and controlled by the district (city) territorial centers of recruitment and social support (hereinafter - TCC and SP). This procedure is regulated by Clause 56 of the Regulation on the preparation and conduct of conscription of citizens of Ukraine for military service and the acceptance of conscripts for military service under the contract, approved by the Cabinet of Ministers Resolution No. 352. According to the Resolution of the Ministers of Ukraine of March 21, 2002, summonses are delivered through various channels, as authorities of local self-government, as well as managers of various subjects, including enterprises, institutions, organizations, educational institutions, regardless of their subordination or ownership structure. In addition, officials of the district (city) territorial center of recruitment and social support can also personally deliver summonses to citizens.
During mobilization, the heads of district and city state administrations (military administrations) are responsible for the formation of alert groups, as specified in clause 10 of the Procedure. Such notification groups include representatives who are exempted from conscription for military service during mobilization. Representatives are elected from various subjects, including structural subdivisions of district and city state administrations (military administrations), executive bodies of village, settlement, city, district councils in cities, as well as enterprises, institutions, organizations, TCC and SP.
Pay attention! Alerts of reservists and conscripts can be carried out by representatives of territorial bodies (subdivisions) of the police, namely TCC and SP, regardless of alerting groups.
Summonses have the right to serve:
· representatives of TCC and SP - within the administrative territory, which is covered by the authority of the corresponding territorial center of staffing and social support;
· representatives of structural subdivisions of district, city state administrations (military administrations) - within the administrative territory over which the authority of the relevant district, city state administration (military administration) extends;
· representatives of executive bodies of rural, settlement, city, district in cities (in case of their formation) councils - within the administrative boundaries of settlements and territories, which are covered by the authority of the relevant executive bodies of rural, settlement, city, district in cities (in case of their formation ) council;
· representatives of enterprises, institutions, organizations - on the territory of enterprises (institutions, organizations) and in places where employees perform work (duties);
· representatives of the relevant subdivision of the intelligence agencies, the Central Administration or regional bodies of the Security Service of Ukraine (only to reservists and conscripts who are in the specified bodies on military registration) — throughout the territory of Ukraine.
Delivery of summonses to reservists and conscripts is carried out in various ways:
• representatives of notification points, state administrations, executive bodies of settlement, village, city, district councils in cities, TCC and SP, notification groups, which may include chairmen of condominium boards and managers of service companies, deliver summonses to the declared/registered place of residence or by place of residence;
• representatives of relevant institutions, organizations, enterprises, educational institutions, TCCs, notice groups deliver summonses to work or study addresses;
• representatives of the TCC and SP, notification groups, distribute summonses in public places, public buildings and structures, places of mass gathering of people;
• Summonses are also delivered to TCC and joint enterprises;
• Summonses are delivered to checkpoints;
• Crossing points are established across the state border of Ukraine.
Importantly! After the 60-day period specified by law for establishing identification data, including residential address, the summons can be sent by registered mail with a declaration of value and a description of the attachment. This method of postal communication involves sending a notice of delivery at the place of residence of an individual. If the reservist or military conscript does not notify the address of his residence within 60 days, the summons is sent to the address that is officially registered or declared as the place of residence.
The addressee receives the summons quickly, as a rule, within a day after it is signed by the relevant manager. In addition, a reservist or conscript is set a specific date of appearance at the draft, which is set no earlier than 14 days after the summons is sent by registered letter with confirmation of service (this is stated in clause 34 of the Regulation).
Proper service of a summons is:
- in the case of delivery of a summons, confirmation can be obtained by a personal signature upon receipt, a video recording of the process of delivery or a video recording of the act of refusing to receive a summons. . In addition, a video recording of a reservist's or conscript's refusal to communicate with an authorized person can be a confirmation.
- in the case of sending a summons by post, confirmation can be established by the date of receipt of the postal item, which is confirmed by the information and/or documents of the postal operator. Or the confirmation can be the day of the notice of refusal to receive mail or the absence of a person at the place of registration, which was reported to the territorial center of recruitment and social support. If the person did not specify a different address, the date of refusal or absence at the declared/registered place of residence can be confirmed in accordance with the procedure established by law. The procedure for serving summonses is described here.
When a designated alert team representative with subpoena authority meets with a citizen, they initiate contact and proceed to provide information regarding the purpose of the meeting and subsequent communication.
At the citizen's request, the representative of the TCC and SP is obliged to provide identity documents, in particular a citizen's passport, officer's license, military ID, service card, after which he offers the citizen to present a passport and a military registration document, which can also be in the electronic in the form
If a citizen needs to be informed about mobilization measures, he is sent a summons.
When a citizen refuses a summons, a representative of the notification group draws up an act of refusal. This document is then signed by at least two members of the notification team and given to the citizen.
Therefore, upon receipt of a subpoena, it would be advisable to obtain legal services. A lawyer or an attorney will make a legal analysis of the situation and a lawyer's consultation will help to avoid violation of rights, and if necessary, start a court proceedings to challenge illegal actions
