Where and how a summons can be served
The Verkhovna Rada extended the period of martial law and general mobilization until August 23. We will analyze what subpoenas are, where and how they can be obtained.
What can be subpoenas
Summons for clarification of data. These subpoenas are issued to clarify and update information about the composition of the family, the state of health of conscripts, place of work, etc. Most often, people do not update information about disability, or if someone close to them disappeared or died in ATO. Therefore, there is such a summons to clarify information.
Summons for passing the military medical commission. This summons, signed by the military commissar, obliges to undergo a medical examination. A card for research and medical examination of the conscript is attached to the summons. After the medical commission, this card will contain the conclusion of the military medical commission on fitness, unfitness or limited fitness for military service.
Summons for conscription. This subpoena provides for conscription for military service. Failure to appear without valid reasons means evasion and involves criminal liability under Art. 335 of the Criminal Code. However, this year , such summonses are not issued, because the spring call for conscription to the Armed Forces and other military formations is not held due to general mobilization.
Mobilization order. This summons is given to a conscript after passing a medical examination, if he is found fit for service. Such an order obliges to appear at the conscription assembly point within 24 hours after the announcement of mobilization (general or partial).
Where and how you can be served with a summons
There are no legal requirements regarding the place of receipt of summonses. The summons must be filled out and signed by the head of the picking center, but it can be delivered to:
– employees of the territorial recruitment and social support center;
– representatives of local self-government bodies;
– heads of enterprises or organizations, employers;
– heads of educational institutions;
– police, etc.
However, the summons must be delivered personally and signed by the recipient.
If a person refuses to sign a summons, the responsible person must draw up an act of refusal to receive a summons and send it to the Military Commissariat. In the conditions of war, the military commissariat can also contact conscripts by phone – and they must come to the TCKSP at the specified time.
However, they do not have the right to bring you to the center by force. If they try to detain you or take you somewhere forcibly, you should call the police, even if the representatives of the TCCSP are already accompanied by law enforcement officers.
Can TrO issue summonses at roadblocks
Theoretically, the military TrO have the right to serve summonses, in particular at checkpoints. The summons must be filled out and signed by the head of the recruitment and social support center. The document can be given to the police, military, employer, etc., and they will hand it to you. However, if a representative of TrO or another person has blank forms with the signature and seal of the head of the Military Committee, and he simply fills them in himself, this is a violation.
If you were issued a summons at the checkpoint and you signed for it, you must come to the Military Committee (TCKSP). The subpoena can also be challenged if there are grounds for it. You can also sign the summons, but you can note that it was drawn up with violations. There is no field for this – you can make an inscription on the free space, putting the date and signature.
However, if the summons was still served, this is already a confirmed legal fact. Therefore, while this legal fact is being contested, a person can be prosecuted. If a person was summoned, but did not come (even if the appeal process is ongoing), the local TCCSP may interpret this as evasion of mobilization, which entails criminal liability. Evasion from military service during mobilization in wartime is punishable by imprisonment from 3 to 5 years, emphasizes the Association of Lawyers of Ukraine.