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Publication date: 04.07.2024

Regarding electronic subpoenas, people's deputies actively discussed this issue during the work on the bill on mobilization. In fact, today the legislation does not provide for such a possibility, but it is not excluded in the near future. In this article, we will analyze the possibility of implementing electronic subpoenas and the point of view of military lawyers regarding these initiatives.

Electronic subpoena - what is it?

Electronic summonses are official documents that will be sent to conscripts through their electronic account on the Diya portal.

If the updated bill on mobilization is adopted as a basis, conscripts will need to enter their data within 60 days after the creation of the conscript's electronic cabinet.

It is important to note that electronic subpoenas have the same legal force as traditional paper ones, and failure to appear on a subpoena without good reason may result in administrative sanctions or imprisonment.

Information on electronic subpoenas is constantly updated, so it is important to consult a lawyer for up-to-date information.

How will electronic summonses be received?

Electronic summonses will be sent through the electronic cabinet on the Diya portal according to the following scheme:

  1. A conscript registers on the Diya portal and creates an electronic account.
  2. The territorial center of personnel and social security creates an electronic summons and signs it with an electronic digital signature.
  3. The electronic summons is automatically sent to the conscript's electronic account.
  4. The conscript receives a notification about the presence of a summons on his phone and e-mail.
  5. The conscript must familiarize himself with the summons and appear at the Territorial Center for Personnel and Social Security at the specified time.

Consequences of ignoring an electronic summons?

Electronic subpoenas have the same legal force as traditional paper subpoenas. Conscripts must immediately notify the TCC and SP about a change in their contact information. An administrative fine may be applied for non-appearance without valid reasons.

Also, the TCC and SP can apply to the court with a request to apply the following sanctions against evaders:

  • Seizure of bank accounts and valuables stored in banks.
  • Restrictions on travel abroad.
  • Restriction of driving rights.

Fines may be imposed for non-appearance at the mobilization fee or late updating of data:

  • From 8,500 to 17,000 hryvnias for the first violation.
  • From 17,000 to 34,000 hryvnias for a repeated violation.

Legal analysis of the circumstances of this situation

A lawyer conducts an in-depth legal analysis to protect your rights. He studies all documents, contracts and other case materials in detail to identify possible violations by creditors and find optimal strategies to protect your interests.

Does the current legislation determine the possibility for citizens to receive electronic subpoenas?

At the moment, conscripts will not receive summonses through the "Reserve+" mobile application or by e-mail, Deputy Minister of Defense Kateryna Chernogorenko noted.

Cooperation with the "Consultant" platform in the field of legal services

Our lawyers are distinguished by an individual approach to each client, carefully analyzing his needs and the specifics of the situation. We understand that every case is unique, so we offer personalized solutions to achieve the best result.

The role of a military lawyer in cases about the legality of sending electronic subpoenas

The role of a military attorney in e-subpoena legality cases is to provide legal protection for conscripts during this process. He carries out a legal analysis regarding the compliance of the procedures with the established norms, provides consultations on military law regarding the rights and obligations when receiving electronic subpoenas. A military lawyer plays an important role in determining the legality and correctness of sending subpoenas through the Diya portal, ensuring the protection of the interests of conscripts before military authorities.

If you need legal advice on this issue, contact professional lawyers from the website consultant.net.ua.

Actual questions on the topic of electronic summons:

Question:

What is an electronic subpoena?

Answer:

An electronic summons is an official document sent to conscripts through their electronic account on the Diya portal. An electronic subpoena has the same legal force as a traditional paper subpoena. After the adoption of the updated bill on mobilization, conscripts will need to enter their data within 60 days after the creation of the draftee's electronic cabinet.

Question:

How will electronic summonses be received?

Answer:

Electronic summonses will be sent through the electronic cabinet on the Diya portal. A conscript registers on the portal and creates an electronic account. The territorial center of personnel and social security creates and signs an electronic summons, which is automatically sent to the electronic cabinet of the conscript. Notification of the presence of a subpoena is sent to the phone and e-mail.

Question:

Does the current legislation provide for the possibility of receiving electronic subpoenas?

Answer:

To date, the current legislation of Ukraine does not provide for the possibility of receiving electronic summons through the "Rezerv+" mobile application or by e-mail. This information was confirmed by Deputy Minister of Defense Kateryna Chernogorenko. However, this issue is being actively discussed by people's deputies, and the possibility of introducing electronic subpoenas is not excluded in the near future.

Question:

Can e-subpoenas be used as evidence in court?

Answer:

Yes, electronic subpoenas have the same legal force as traditional paper documents. This means that they can be used as evidence in court in case of administrative or criminal offenses related to failure to appear on a summons .

Conclusion  

To date, conscripts in Ukraine do not receive electronic summons through the "Reserve+" mobile application or by e-mail, but the possibility of implementing this practice is being considered for the future. Electronic subpoenas can become a powerful tool in military law. With the help of legal advice, you can get a legal analysis of each electronic summons that will be sent to conscripts. Cooperation with experienced lawyers will ensure the protection of the interests of conscripts. Military lawyer online, lawyer in war, legal assistance during war, legal advice during war, military lawyer, military lawyer services.

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