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Publication date: 12.01.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Very many persons liable for military service have received 10 or 20 summonses, do not show up at the military enlistment office and live peacefully.
- And then we have a Christmas miracle - draft law 10378, which introduced global changes in the law on mobilization, and draft law 10379, which plans to amend the provisions on liability for failure to appear at the military enlistment office.
- They also say that now everyone will be obliged to appear at the military enlistment center, both with and without a summons.
- In my opinion, these planned changes are much more serious even than changes in the rules of deferral from mobilization.
There are two important questions that should be considered:
- Is it true that everyone now has to appear at the military enlistment center even without a summons;
- What will be the penalty for not appearing in the military enlistment center.
That is why this article was created to discuss them.
Everyone must report to the TCC
- Previously, before the planned changes, the obligation to report to the military enlistment center a person liable for military service appeared only on the actual summons handed to him.
- Although various officials in the media said that everyone should report to the military enlistment office, regardless of whether they received a summons or not, but according to the law, the obligation to report to the TCC appeared only on the actual summons.
- But the bill 10378 plans to make significant changes to Article 22 of the Law of Ukraine "On Mobilization Preparation and Mobilization". And they concern first of all the appearance in the military enlistment office.
- The obligation to appear in the military enlistment office on summons is still preserved. And now even the police has the right to serve such summonses.
- It is planned that summonses may come electronically through the application "Dia". And as I heard, the first lucky ones have already received them.
And for those who now say how good it is that I deleted "Dia" from my phone, I hasten to disappoint you.
- Whether you deleted "Dia" or not, whether you registered there or not, it doesn't matter. All our data is already in the Dia app.
- They want to force everyone to register in a separate personal electronic cabinet. And if they don't have one, that's a liability too.
- And summonses will be sent without looking whether you have the application installed on your phone or not. And sending it will be considered a served subpoena whether you opened it in Diy or not.
- Again, this is my opinion, and we'll see how it will be in practice.
Well, and now as for the sensational news that everyone will be obliged to appear at the military enlistment center.
Yes, it's really true.
- Even if you are lucky and you have never received a summons, then according to the planned changes, you will be obliged to appear in the military enlistment office either within 60 days from the day of introduction of mobilization in Ukraine or within 20 days from the day of its continuation.
- I believe that those who have already been to the military enlistment center since the day of introduction of martial law in Ukraine do not have to appear there again. Although, of course, the military commissaries will want to do so.
- But those who have not been there yet, it turns out, will have to show up.
- This time martial law is extended until 14.02.2024. And it turns out that from this date it is likely to be extended again.
- So from this date everyone will have 20 days to appear at the military enlistment office even without a summons.
And my question is whether our military enlistment offices can cope with such a flood of people. Suppose everyone is law-abiding and they all decide to show up. In general, I imagine these frantic queues at TCCs and SPs all over the country.
- Of course, the law provides that it will be possible to update your military registration data through the CNAP or the electronic office of the draftee.
- And it is not necessary to go to the military enlistment office in person.
- But there is a second question - whether the registries, CNAPs and the conscript's electronic office will work normally within the given timeframe. Personally, I think that as always they will not.
- And in the end, the only way out is to appear in person.
- Failure to show up for a summons to the military enlistment office, what will happen for it?
And now here is the most interesting part that you are all concerned about.
- Let's assume that you will continue to ignore the summonses handed to you and not show up for them.
- And without a summons you will not appear anywhere within the period specified in the law, what will happen then?
- Before that, the first and second failure to appear on a summons to clarify data - it was an administrative fine.
- The third failure to appear - criminal liability is possible, but I have not seen it for failure to appear on a summons to clarify data.
- Also for failure to appear on a summons to clarify data you could get into the wanted database. But this did not mean criminal liability. It meant only the possibility of forced transportation to the military enlistment center.
And that's all, in fact, a person could relatively calmly continue his life and not appear on the summons.
- But now, if all the changes in bills 10378 and 10379 are adopted as they are now under consideration, everything will change enormously.
- First, the amount of the administrative fine for failure to appear by summons for clarification of data or without a summons independently within the terms specified in the law will increase many times.
- The amount of fine under Article 210 of the Code of Administrative Offenses for violation of the rules of military registration by conscripts, persons liable for military duty and reservists after the changes is planned to be from UAH 8500 to UAH 17000.
At the same time, in wartime more often brought to responsibility not under Art. 210 of the Code of Administrative Offences, but under Art. 210-1 of the Code of Administrative Offences for violation of legislation on defense, military duty and military service, mobilization preparation and mobilization, which provides for a fine in a special period during martial law in the amount from 34000 UAH to 51000 UAH for ordinary citizens.
- And terms for bringing to responsibility under these articles want to extend up to 3 years from the day of committing or revealing an offense. Now these terms are 1 year.
- It turns out that if you did not appear in time in the TCC and SP themselves in the time specified in the law or by summons, then wait for 3 years, whether you will be fined or not.
- And if you think that well, I will pay the fine and that's all, then alas, not everything is so simple.
- It is planned to amend Article 263 of the Code of Administrative Offenses, which will allow such violators to be detained from 3 hours to draw up a protocol to 3 days to clarify the circumstances.
- And if you think that okay, I will pay the fine, sit for 3 days and leave, then I have to disappoint you.
For failure to appear on summons you have the right:
- prohibit travel abroad, even if you have a legitimate reason for this;
- prohibit transactions with movable or immovable property. I.e. you will not give your apartment or car to anyone or sell it without a visit to the TCC;
- restrict you in driving and in the right to obtain a driver's license. I.e. you will not be able to drive a vehicle, because at any place on the road you will be stopped, your license will be taken away and your car will be sent to the impound lot;
- restrict your right to use and dispose of money and other valuables. Simply put, they will seize all your bank cards and checking accounts and prevent you from using them;
- deny you the right to enter into credit and loan agreements;
- suspend you from receiving benefits and services from the state. Think about it, this means not paying you benefits, pensions, making any payments or providing any services. It's a good way to cut pension costs for some pensioners.
And I think that after this it becomes clear to many that only those who have no property, who do not use bank cards, who do not work anywhere, who live in a remote village and do not lead any socially active life can afford not to appear in TCC. And that's all, no one else can afford it.
At the same time, a person becomes powerless, the state owes him nothing. But he owes everything and everywhere. And all his property and accounts are blocked. And he can't go anywhere either.
In this article I told about the responsibility for failure to appear in the military enlistment office and about the obligation to appear there for everyone.
Support of a lawyer at military point needs everyone, penalty for failure to appear at the military commissariat may become bigger, escort at the military commissariat is not what needs everyone, complaint to the military commissariat does not work.
