What would be if persona don’t come after getting agenda?
It is not uncommon in the media to report on the service of conscripts not only at the address of residence or place of work, but also on the street, checkpoints or in hotels or supermarkets. In view of this, the question arises as to the legality of the service of summonses in this way and the liability that may arise if the summons was received but the requirements set out therein were not met. First of all, the legislation does not require that the summons be served only at the address of the conscript’s place of registration (residence) or place of work, and does not specify the place of service of the summons at all.
At the same time, paragraph 33 of the Procedure for organizing and maintaining military records of conscripts and conscripts, approved by the Cabinet of Ministers of Ukraine dated 07.12.2016 № 921, provides that the executive bodies of village, town, city councils notify conscripts and conscripts at their place of residence under their personal signature in the primary registration cards. Such a place of residence can be both the address of the place of registration and the address of the place of actual residence. That is, the obligation to serve summonses only at the place of residence extends only to the executive bodies of village, settlement, city councils, and therefore other entities authorized to serve summonses may notify conscripts elsewhere, including on the street, checkpoints , in a hotel or supermarket.
Therefore, in the case of an attempt to serve a summons, we advise you to focus not on where it is served, but on who is handing it and what its content is, in particular whether it contains all the necessary details. In particular, the list of persons authorized to serve summonses includes :
- local executive bodies (currently local military-civil administrations) (paragraph 23, part 1, article 17 of the Law of Ukraine “On Mobilization Training and Mobilization”, item 1, item 8 of the Decree of the President of Ukraine “On General Mobilization” of 24.02.2022 № 69/2022, part 1 of Article 38 of the Law of Ukraine “On Military Duty and Military Service”);
- executive bodies of village, settlement, city councils (paragraph 10, part 1, article 18 of the Law of Ukraine “On mobilization training and mobilization”, item 1, item 8 of the Decree of the President of Ukraine “On general mobilization” of February 24, 2022 № 69 / 2022, Part 1 of Article 38 of the Law of Ukraine “On Military Duty and Military Service”);
- territorial centers of recruitment and social support (item 1 item 8 of the Decree of the President of Ukraine “On General Mobilization” of 24.02.2022 № 69/2022, paragraph 10 item 9 Regulations on territorial centers of staffing and social support, approved by the Cabinet Of Ministers of Ukraine dated 23.02.2022 № 154, paragraph 4 item 56 of the Procedure for organizing and maintaining military records of conscripts and conscripts, approved by the resolution of the Cabinet of Ministers of Ukraine dated 07.12.2016 № 921);
- housing maintenance organizations, other organizations or enterprises and institutions operating houses, as well as homeowners in accordance with the instructions of district (city) territorial centers of staffing and social support and decisions of executive bodies of village, town and city councils (paragraph 65 of the Procedure and keeping military records of conscripts and conscripts, approved by the resolution of the Cabinet of Ministers of Ukraine of 07.12.2016 № 921); heads of enterprises, institutions and organizations where employees are called persons (paragraphs 5, 6, part 1 of Article 21 of the Law of Ukraine “On Mobilization Training and Mobilization”, item 1, item 8 of the Decree of the President of Ukraine “On General Mobilization” from 24.02.2022 № 69/2022, part 1 of Article 38 of the Law of Ukraine “On Military Duty and Military Service”);
- educational institutions (Part 1 of Article 38 of the Law of Ukraine “On Military Duty and Military Service”). If the summons was served by another subject, it cannot be considered to have been served properly. In this case, it is better to refuse to receive the summons at all, referring to the fact that it is served by a person who does not have the appropriate authority to do so.
In this case, we recommend that you record any contact details of the person who tried to serve the summons (last name, first name, patronymic, position, place of work), and if possible make a photo or video recording of an attempt to serve the summons by an unauthorized person. By doing so, the risk of being prosecuted for refusing to receive a summons and / or failing to comply with the requirements specified in it is minimized.
When serving a summons, the person serving it must identify the person on the basis of documents proving it. A special normative legal act that gives authorized persons the right to conduct verification of documents during martial law, is the Procedure for verification of documents in persons, inspection of things, vehicles, luggage and cargo, office space and housing of citizens while ensuring the legal regime of martial law, approved by the Cabinet of Ministers of Ukraine from 29.12.2021 № 1456.
Once the conscript’s identity has been established and it has been confirmed that the summons is addressed to him, the latter must check that it contains all the necessary details. If the summons is duly filled in, in particular it is signed by the head of the territorial center of staffing and social support, you need to pick it up and put your signature on the receipt. As follows from the provisions of Part 3 of Art. 22 of the Law of Ukraine “On mobilization training and mobilization” of 21.10.93 № 3543-XII, para. 2 Part 1 of the Rules of military registration of conscripts and conscripts, which is an annex to the Procedure for organizing and maintaining military registration of conscripts and conscripts, approved by the Cabinet of Ministers of Ukraine from 07.12.2016 № 921, the summons must be served on the conscript personally signed. This position is confirmed by case law. In particular, the courts consider that the summons is a document of strict reporting, and therefore it should be handed over personally to the conscript. The summons itself is not subject to appeal, only actions concerning its improper service can be appealed.
Thus, a conscript may file a complaint to the head of the territorial center of recruitment and social support, whose employees tried to hand over or handed him a summons; call “102” and call the police to record the fact of service of the summons in violation of the law or apply to the court. As for the responsibility for non-appearance on the summons, it all depends on the purpose for which the conscript had to appear at the territorial center of recruitment and social support. In particular, if the notification was made: to clarify the data or pass the medical commission – there will be administrative liability under Part 2 of Art. 2101 of the Code of Administrative Offenses in the form of a fine in the amount of 200 (UAH 3,400.00) to 300 (UAH 5,400.00) of non-taxable minimum incomes.
At the same time, if a person has repeatedly failed to appear for a medical examination without good reason, such behavior can be regarded as evasion of conscription during mobilization and become grounds for criminal prosecution under Part 2 of Art. 336 CCU; for conscription into the Armed Forces of Ukraine – criminal liability under Part 1 of Art. 336 of the Criminal Code in the form of imprisonment for a term of 3 to 5 years, for summoning to a training meeting – criminal liability under Part 2 of Art. 337 of the Criminal Code in the form of a fine from 500 (8500.00 UAH) to 700 (11900.00 UAH) non-taxable minimum incomes or correctional work for up to 2 years.