Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
Liability for failure to appear at the territorial recruitment and social support center.
For violating the legislation on defense, mobilization training and mobilization, a person may be held administratively liable, provided for in Article 210-1 of the Civil Code.
The National Police of Ukraine has the authority to carry out administrative detention of conscripts who violate the legislation on mobilization training and mobilization, with subsequent transfer to the Criminal Investigation Department and SP, as specified in Articles 259 and 262 of the Criminal Code of Ukraine, as well as the third part of Article 38 of the Law of Ukraine "On military duty and military service".
In the case of a citizen's failure to fulfill his duties, defined by Article 22 of the Law of Ukraine "On Mobilization Preparation and Mobilization" (namely, failure to appear at the specified time and place after receiving a summons to the TCC and SP), and committing an administrative offense defined by Article 210-1 of the Code of Administrative Offenses , entails legal consequences.
The head of the TCC and SP submits an application to various bodies and subdivisions of the OVS system about the administrative detention and transfer of a specific person to the TCC and SP. In the case of receiving a written response about the impossibility of administrative detention and transfer of the specified person, the head of the TCC and SP sends a registered letter with a notification of delivery to the person's current address, place of residence or location. .
The date of delivery of the claim:
The date of delivery of the claim is determined by receipt of the claim by mail. If the postal message contains a notice of refusal or impossibility of delivery of the claim to the person at his registered address, this date is considered the day of delivery. If the person has not notified the territorial center of procurement and social support of another address, the date of delivery is considered to be the posting of a notice of refusal or impossibility in the postal message. If a citizen fails to fulfill his obligations within 10 calendar days from the day of the request, he must request a temporary restriction of the right to drive vehicles during mobilization, which is valid until the requirements are fulfilled or canceled.
Pursuant to Article 335 of the Criminal Code of Ukraine, persons who evade conscription for military service or senior officers may be held criminally liable.
According to Article 336 of the Criminal Code of Ukraine, persons who evade conscription for military service during mobilization or during a special period, as well as those who refuse to undergo military service in the event of the need for conscription into the reserve, may be held criminally liable.
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.
