In Ukraine, general mobilization is ongoing, which was introduced due to the military invasion of the Russian Federation, and as a result, summonses are regularly served to conscripts in various places, but are such summonses considered legal and what is the actual procedure for serving summonses provided for by law.
A summons is exclusively a written document issued in the name of a specific person, that is, a conscript.
The summons must contain the signature of the head of the TCC (territorial recruitment and social support center) and a wet seal. It also indicates the date of delivery, the address of the Military Commissariat and the time when you need to go there.
Any verbal message, phone call, text message in the messenger, such as “Viber” or “Telegram” and other methods of “invitation to the military commissariat” are not provided for by law and will not have any legal consequences, and therefore no responsibility for this will be
If someone insists on your appearance at the Military Commissariat without a proper summons, demand a legal written notice.
PLACE OF DELIVERY OF SUMMONS
Since the legislation does not clearly define the place where the summons should be served, it can be served anywhere, in the park, at roadblocks, at the workplace.
However, only an employee of the TCCSP, as well as authorized persons of local government, heads of enterprises/institutions/organizations, in particular educational institutions, natural persons-entrepreneurs, managers of apartment buildings, can serve the summons.
WHAT IF I DID NOT APPEAR AT THE MILITARY COMMISSARIAT AT THE APPOINTED TIME?
If you did not sign for receiving the summons, the degree of responsibility for non-appearance is minimal.
If you received a summons, but did not appear, in this case administrative responsibility is initially provided for, such actions are qualified under Article 210-1 of the Code of Criminal Procedure – for violation of defense, mobilization training and mobilization: for the first time – for part 1 and payment of a fine as the rule is 3400 hryvnias.
IS IT POSSIBLE TO REFUSE THE SUBPOENA?
Such a scenario is possible and completely legal in some cases, but you need to understand all the risks and the fact that you cannot refuse to receive a subpoena without objective reasons.
That is, to refuse to receive a summons, the conscript must have specific and valid reasons, including:
- if the document contains incorrect recipient data (the summons may be addressed to someone else);
- the summons is served by a person not authorized for this purpose;
- there is no military commissar seal/military commissar signature.
Thus, if you noticed objective errors when serving the summons, there is an opportunity to refuse to sign it.
In this case, an employee of the TCCSP must draw up an act of refusal to receive a summons in the presence of witnesses.
After recording your refusal to receive a summons and drawing up an act, the case is handed over to the heads of the TCKSP, who may charge a fine for violating the rules of military accounting.
The fine can be appealed in court, where the TCCSP will prove that you violated the accounting rules, that is, the responsibility arises precisely for the violation of the accounting rules, but for the fact that you refused the summons.
Remember that our legislation contains a specifically defined requirement that the subpoena must be served by an authorized person of the TCCSP, and therefore representatives of the TRO or the police are not authorized to serve subpoenas.
The summons must be delivered personally, personally to the conscript, and he must sign his receipt, which is fully consistent with judicial practice (resolution of the Supreme Court of Appeals dated 14.12.2021 in case No. 761/8429/16-k, resolution of the Supreme Court dated 28.01.2020 in case No. 759/5435/16-k).
Likewise, if you have been served with a summons or have other questions or difficulties related to mobilization and need consultation, please contact us for consultation, and we will be happy to help.