Mobilization in Ukraine: when military commissars have the right to detain people
Military commissars must remember that they cannot enter apartments without a court order, explained lawyer Dmytro Franchuk. In addition, citizens can only be detained in the presence of a police officer.
During mobilization in Ukraine, employees of territorial recruitment centers (TRCs) have the right to stop those liable for military service and demand to show a certain set of documents. However, the arrest of the TRC must take place according to legal procedure in the presence of the police. Otherwise, the detention is illegal and will be cancelled. Lawyer Dmytro Franchuk spoke on the RBC-Ukraine portal about what rules military commissars should adhere to.
Detention of TRC during mobilization in Ukraine
Franchuk listed several conditions under which, with increased mobilization in Ukraine, military commissars can detain citizens:
- if TRC employees noticed a violation of the rules of military registration and mobilization, for example, draft evasion;
- if there is a court decision that a certain citizen needs to be taken to the military registration and enlistment office;
- if the person liable for military service is not aware of the details of mobilization in Ukraine. A man may have problems with the TRCif he does not know his rights and does not know the requirements of the law, the lawyer explained.
Military commissars do not have the right to certain actions during mobilization in Ukraine:
- carry out the detention independently, the lawyer emphasized. Only police officers have this right;
- select military registration documents;
- demand to appear at the military registration and enlistment office if there are no grounds for this - the lawyer did not specify the details of this point;
- demand to appear at the military registration and enlistment office not at the place of registration;
- enter the premises of citizens without a corresponding court decision.
“If the detention occurs without legal grounds, this can be appealed in court,” Franchuk explained.
What are the legal actions of the TRC
The responsibilities of military registration and enlistment offices are outlined by Ukrainian legislation, as explained on the portal. The lawyer highlighted several actions of the TRC that were legal during the mobilization in Ukraine. Military commissars have the right:
- check military documents of men aged 18 to 60 years;
- hand out summonses for visits to regional acquisition centers;
- draw up a resolution on violation of the rules of military registration and mobilization in Ukraine. In this case, there is no need to draw up a protocol, said Franchuk;
- provide access to the personal data of a person liable for military service.
29 June 2024 г., 22:21
