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Publication date: 28.05.2024
Will the summons be considered served if the place of residence has changed and the TCC has not been notified about it
Introduction
According to the Resolution of the Cabinet of Ministers of Ukraine dated May 16, 2024 No. 560, which approves the "Procedure for conscription of citizens for military service during mobilization, for a special period", the summons will be considered served even if the person changed his place of residence and did not notify this is the Territorial Center for Staffing and Social Support (TCC and SP).
Confirmation of notification of a reservist or conscript
The following cases are proper confirmation of the notification:
Personal delivery of the summons:
Personal signature on receipt of summons.
Video recording of the delivery of the summons or review of its contents, including the video recording of proof of the act of refusal to receive the summons.
Video recording of the refusal of a reservist or conscript to communicate with a person authorized to serve summonses.
Sending a summons by postal means:
The day of receipt of the postal item by the person, confirmed by information or documents from the postal operator.
The day of marking the refusal to receive mail in the postal message or the day of marking the absence of a person at the address of the place of residence, notified by this person to the TCC and SP when clarifying their credentials.
The day of marking the absence of a person at the address of the declared/registered place of residence in the postal notification in accordance with the procedure established by law, if the person has not notified the TCC and SP of a different address of the place of residence. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal analysis of the situation, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Conclusion
Thus, if you changed your place of residence and did not notify the TCC and SP, the summons will be considered served if the postal operator marked the absence of a person at the address of the declared or registered place of residence. This means that it is your responsibility to update your credentials, and failure to do so does not exempt you from complying with the subpoena.
In case of non-fulfillment of the obligation to notify about the change of residence of TCC and SP, the person may be found responsible for non-fulfillment of the requirements of the subpoena. In practice, this means that a person cannot evade military duty due to the absence of a summons. In addition, in the case of failure to fulfill the obligation to update account data in TCCs and joint ventures, a person may bear administrative, and in some cases, criminal liability.
Thus, timely and proper information about the change of residence to the military commissariat authorities is important in order to avoid unpleasant consequences associated with non-compliance with the requirements of the summons and military legislation.
