Publication date: 23.06.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
In this article we will talk about the sensational order of CMU № 560, which everyone is so actively discussing and about the delivery of people to the TCC. About who, under what circumstances it can now do it. And how to make sure that this story does not end with kidnapping and being forced to pass medical examination in 15 minutes and sent to a military unit without confirmation of medical diagnoses.
For what can forcibly take a person to the TCC?
It is unlikely that you will like this information, but now, after the adoption of this order CMU № 560, you can be stopped on the street by the police, an employee of the TCC, demand a military card and documents.
And if it turns out that you are in the wanted database for failure to appear on any summons to the military enlistment office, or you do not have a military registration document with you, then both the police and TCC employees may lawfully perform your administrative detention, load you into a bus for clarification of data and subsequent referral to medical examination.
And now it is not even necessary to draw up an administrative report on administrative detention.
Yes, you heard right. Previously, when you were forcibly pulled into a bus, they were at least obliged to draw up an administrative report. And here the only reason could be the presence of you in the wanted database. And all other actions without a protocol and without your presence in the wanted database were considered kidnapping.
But now anyone who does not have a military ID card can legally be taken to the TCC in a bus.
And this is no longer kidnapping.
It is a legal procedure of administrative detention and bringing to the TCC.
And now both police and TCC can do it. Moreover, even your employer is obliged to facilitate it.
Or is it still kidnapping?
Let's understand the difference.
Where administrative detention ends and TCC kidnapping begins
Of course, for the procedure of administrative detention, you must either be in the wanted database, which means that you have been served with a summons for clarification of data and you did not appear on it. Or you must not have a military ticket or a temporary identification card of a person liable for military duty with you.
And only then the procedure of administrative detention is possible.
In other cases, when you have your military registration document with you, in order, and you are not in any wanted database, administrative detention on legal grounds is impossible.
And if it happens, it can be safely called kidnapping and a criminal offense.
But let's assume that you really did not have your military ID card with you, or it is true that earlier you were given a summons somewhere and you did not appear on it.
What then. Now you can do everything or not everything.
In such a situation it is legal to bring you to the TCC forcibly. And it is legal to issue and serve you a summons for a medical examination.
After that in this situation you are obliged to let go and to give an opportunity to pass medical examination in peace.
But of course in practice this does not happen.
After you are issued a summons for a medical examination, you are strongly advised to go to the bus for a medical examination.
No one hears any stories about your medical diagnoses.
And asks you to pass the medical exam in 15 minutes.
And at this very moment, when after signing the summons to the medical commission, or fixing your refusal to sign it, or clarifying your data, you are not released anywhere, this is where the criminal offense of kidnapping begins.
This is no longer a procedure of administrative detention. This is already lawlessness of the military.
No CMU Decree No. 560 and no law gives them the right, even if you have not appeared on a hundred summonses and you still do not have a military ID, to force you to go to the medical examination in a bus, and not to go there on your own feet. And no one has the right to restrict you in confirming your medical diagnoses. And to refuse your request to refer you to appropriate specialists.
Therefore, such demands are already illegal actions.
What to do if you are kidnapped and brought to a TCC
The detailed order of actions on this matter is already in my separate video on the topic: "Protection from the lawlessness of the TCC, if they drag you into a bus". And in general it has not changed much. But given the CMU Order No. 560, recently adopted, I would like to make some clarifications.
You should always have some person whom you trust, to whom you, in case you are dragged into a bus, will quickly send a code text message and he will start to act.
How's he gonna act?
He will start calling the police and reporting a specific person kidnapped by a specific military recruitment center. You could also call the DBI with a similar message. And will start making publicity on all the media and social media available to him about your abduction by TCC officials.
And even more importantly, what will you do.
In no case do not behave aggressively and do not throw into fights. Unless, of course, you do not want to devote the next 5-10 years to criminal cases.
You behave as calmly as possible. And don't give in to provocation.
You can of course refuse a subpoena for a medical exam. But I do not recommend just to refuse it, as you can legally be charged with an administrative fine of 25500.00 UAH.
I recommend you to sign the summons to the medical examination. But refuse to go to it in a bus.
If you are forcibly loaded, go to each doctor with the words: "I was brought here to you by force, everything you do is violence, and I refuse to sign everything".
Declare all your diagnoses and illnesses and demand to be referred to the appropriate specialist.
If offered to sign a refusal to undergo a medical examination or an administrative fine for refusal, sign with the words, "I do not agree. I am not allowed to go to the medical examination with my own feet, they drag me in a bus. And they refuse to refer me to the appropriate specialists to confirm my diagnoses".
If the police come - insist on taking a statement about your abduction.
And do not fall for any tricks further. Under duress and in 15 minutes do not pass the medical examination.
And no mobilization orders or voluntary consent to mobilization do not sign.
How to respond to questions or threats from police officers and TCKs
To the threat that they do not need your signature and that they will sign everything for you and load you everywhere, calmly answer: "My signature will not be anywhere. And you do as you see fit. In this case, I will sit quietly in a corner, refuse to carry out criminal orders of the command, and declare a handwriting examination. And you can sue me for years."
"If we don't let you out of here, fine, I'll sit here forever looking at you."
"We'll make a criminal case - make a criminal case, we'll deal with my kidnapping. Just take a kidnapping report."
"We'll write a ruling and an administrative fine of 25500 hryvnias. - Write it out." I will receive it with the signature "I do not agree" and go to appeal to the court.
"We will fix your refusal to sign" - "Fix it, you have every right".
The police also often try to mislead a person who is in a state of shock. They ask what you are writing a statement for, you did not have a military ID and you were legally detained.
Here you should not be afraid and answer: "I am writing a statement on the fact that they do not let me go to the medical commission with my own feet, they require my delivery there exclusively in a bus, and that they do not give me the opportunity to pass the medical commission in peace, to confirm all my diagnoses, and demand that it was for 15 minutes.
That's what to write.
On all explanations: "This will not go anywhere, you will not prove anything", do not react. You need to file a report to fix the fact of kidnapping and that's it. And where and what will go is not so important.
And remember that only by following all these recommendations, you have a chance to get out of the TCK in case of kidnapping.
If you break down, do not record your abduction, sign everything, go through to the end without confirming the diagnoses medical commission, step into a bus and find yourself in a military unit - from that moment under pressure it was or was not no one will no longer prove. And no lawyer in the world will not help you anymore. Then we can only talk about dismissal, for which there must be special grounds. Which is not everyone.
Well, and who does not believe - soon on the channel will be released video, where I will tell some stories about the abduction of people by the TCC. They are different, somewhere a person got out, and somewhere was on the front line. And I think you will compare the different actions of different people and their results.
Escort at the territorial recruitment and social support center is actual nowadays, fine for failure to appear at the military commissariat is rather big, hiding from the military commissariat is not a good idea and legal support at the military commissariat needs everyone. Now responsibility for failure to appear at the military commissariat is rather large, fine for failure to appear at the military commissariat is rather big, you won’t like escort to the military commissariat, legal support at the military commissariat needs everyone, if you have summons to the military commissariat, complaint to the military commissariat not always help, summons to the military commissariat by phone is not legal, military commissariat is not a friendly place.
