New law on mobilization: can summonses be served at checkpoints

New law on mobilization: can summonses be served at checkpoints

In Ukraine, there are no special places where summonses must be issued to citizens liable for military service. This means that they can be presented in any public place - right on the street, near cafes or government institutions.

Serving a summons at a checkpoint is also legal, but the main thing is that the document is issued by authorized persons. Anton Marynych, lawyer and leading legal adviser of Nota Group, announced this in a media commentary.

According to him, before the adoption of the new law on mobilization No. 10449, the form and content of the agenda were determined by the Resolution of the Cabinet of Ministers, and from now on (the law came into force on May 18), the mandatory details of the agenda were provided for by law.

Now the summons to the Territorial Center for Recruitment and Social Support indicates:

– full name and date of birth of the citizen;

– name of the TRC that issued the summons;

– purpose of the call to the TRC;

– place, day and time of appearance on call;

– signature (electronic digital signature) of the official who issued (generated) the summons;

– registration number of the summons;

– an explanation of the consequences of failure to appear and the obligation to report its reasons.

“The “Order of the relevant TRC on notifications” was removed from the required details, which essentially simplifies the issuance of such a summons,” the lawyer explained.

He added that in Ukraine the law has given powers to officials of the TRC and the National Police to check the military registration documents of men aged 18 to 60 years. The citizen is obliged to present such a document so that they can read it.

“Under such circumstances, when checking documents at a checkpoint, citizens may be served with summonses,” says Marynych.

If a summons was served and the man signed it, but cannot come to the TRC on the specified date, valid reasons may include:

– an obstacle of a natural nature;

– illness of a citizen;

– military actions on the relevant territory and their consequences;

– death of a close relative;

– other circumstances that deprived a person of the opportunity to arrive in person.

But even if there are good reasons, the person liable for military service must come to the TRC within seven to ten days, depending on whether he reported good reasons for non-appearance.

“He is obliged, no later than three days from the date and time of arrival at the TCC specified in the agenda, to report the reasons for failure to appear by directly contacting the department indicated in the agenda or in any other way, followed by his subsequent arrival within a period not exceeding seven calendar days. The Cabinet of Ministers is still developing the procedure delivery of subpoenas and, perhaps, the procedure for such service will be detailed,” the lawyer concluded.