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Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
Detention of a person for the purpose of serving a subpoena may take place in individual cases.
If a citizen refuses to be summoned, administrative detention and transportation to the TCC and SP may be carried out by a police officer from the alert group, as specified in Articles 261 and 262 of the Criminal Procedure Code. Similarly, if a citizen refuses to go to the TCC and SP, administrative detention and transportation to the center can be carried out by a police officer of the alert group, again on the basis of Articles 261 and 262 of the Code of Criminal Procedure. In addition, during the inspection of military registration documents, in the event of a violation by a citizen of the rules of military service accounting, determined by the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by the Resolution of the Cabinet of Ministers of Ukraine dated December 30, 2022 No. 1487 or the Law of Ukraine "On Mobilization Training and Mobilization", and in case of discrepancies between the military registration document and the data of the Unified State Register of Conscripts. , conscripts and reservists, the senior alert group will invite the citizen to go to the TCC and SP for military registration. This process includes passing a medical examination for fitness for military service, checking personal data and checking the data of the military registration document with the data of the Unified State Register of conscripts, conscripts and reservists.
Clause 9 of the Regulation on Territorial Centers of Staffing and Social Support of the Population, defined by Resolution No. 154 of the Cabinet of Ministers of Ukraine dated February 23, 2022, defines the duties of TCC and SP. It is important to note that these duties do not include the authority to detain, summon or restrict the liberty of any person, including conscripts.
The TCC and the PP have the opportunity to apply to the National Police authorities in accordance with the procedure established by law with a request to hand over persons who have committed administrative offenses provided for in Articles 210 and 210-1 of the Code of Administrative Offenses (Clause 36, 9 of the Provisions on Administrative Offenses). Territorial centers of recruitment and social support). These offenses consist of violating the legislation of Ukraine on military duty and military service, namely: non-compliance with the rules of military registration, failure to appear at the military commissariat without valid reasons, or untimely submission of information on a change of residence, education, employment, and position to the relevant authorities. In addition, these offenses include violations of the procedure for holding educational meetings (classes) in educational institutions of the Society for the Promotion of Defense of Ukraine and vocational and technical educational institutions (formal composition). After that, in accordance with Article 262 of the Criminal Procedure Code, National Police officers have the right to carry out administrative detention.
Drawing up a record of administrative detention involves recording various details, such as the date, place and person responsible for drawing it up. It also contains relevant information about the detainee's identity and indicates the time and grounds of detention. It must be signed by both the official who drew up the report and the detainee. If the detainee refuses to sign, this refusal is recorded in the protocol.
Relatives of a person detained for an administrative offense must be immediately notified of his whereabouts. In addition, at the request of the detainee, the owner of the relevant enterprise, institution, organization or authorized person must be notified. The authorities or officials responsible for administrative detention must notify the centers for providing free secondary legal aid in accordance with the procedure determined by the Cabinet of Ministers of Ukraine about each case of detention. But this requirement does not apply if the person represents himself or has invited a defense attorney (as specified in Article 261 of the Criminal Procedure Code).
Detention of a person and restriction of his freedom by employees of the TCC and SP is a violation of the current legislation. This is directly stated in the decision of the court, which considered the complaint against the actions of the officials of the TCS and SP, provided for in Article 206 of the Criminal Procedure Code of Ukraine. The decision was issued by the Nadvirny District Court of the Ivano-Frankivsk Region on October 9, 2023 under case number 348/2388/23.
In cases where a violation of rights is detected, a lawyer or an attorney of the Legal Service "Consultant" will conduct a legal analysis of the situation and, if necessary, organize a court proceedings within the time limits specified by the current legislation. Timely consultation of a lawyer on the specified issue will help to avoid negative consequences, and will help to restore the violated right in a timely manner. Such legal services can be obtained online on our service.
