He advised to carefully check the text of the document when serving the summons.
Mobilization is ongoing in Ukraine, all men of conscription age from 18 to 60 can receive a summons. On December 30, the Ukrainian government approved a new procedure for military registration of conscripts. The day before, the Kyiv authorities did not deny that summonses could be handed out in the subway.
That is why lawyer Andrii Novak explained on the air of “Breakfast with 1+1” that the procedure for serving summonses in Ukraine is regulated, although it has certain “gaps”. Thus, he emphasized that, for example, putting a person in a car and taking him to the Military Commissariat, even accompanied by law enforcement agencies, is against the law. In other words, it is legal to serve a summons on the street, but not to compel and take it immediately to the Military Commissariat.
In case of evasion of mobilization, it is forbidden to take a person to the military commissariat by force, instead, there is no police station to draw up a report, the lawyer adds. Criminal proceedings can also be opened if a person has passed a medical examination and received a summons to leave for duty.
Novak also emphasized that it is impossible to issue a summons in Ukraine through Diya, because the recipient’s signature is required as confirmation of receipt. Alternatively, a person can simply delete the app.
Lawyer Andrii Novak drew attention to the fact that receiving a summons does not mean immediately sending a person to a hot spot or any other place of service:
“Receiving the summons is primarily for updating data in the picking centers.”
The lawyer explained in which case the issuance of a subpoena is illegal
- It is illegal to pass a subpoena through relatives. It should be handed to the person personally.
- Obtaining such a document due to violation of the curfew is a controversial issue, the lawyer emphasized.
- You can’t stick summonses on doors or drop them in mailboxes. This is illegal.
- Issuing summonses at roadblocks, in cafes, in the subway, in shopping centers is quite likely and normal in today’s realities, noted Novak.
- It is illegal to receive a summons by phone or SMS.
If a person refuses to receive a summons, employees of the Military Commissariat draw up an act of refusal with the participation of two witnesses, and transfer this information to the recruitment center. And then administrative responsibility will be applied to the person.
Who can issue subpoenas – the lawyer’s answer:
- Employees of picking centers
- Employer
- Heads of educational institutions
- Representatives of local self-government bodies
Novak advised to carefully check the text of the document when serving the summons. It is important that at the time of delivery, all data is already filled in, so that there is a signature and seal of the head of the picking center.
We will remind you that the Cabinet of Ministers adopted a new procedure for the organization and maintenance of military records in Ukraine, which includes a number of innovations. This is evidenced by Resolution No. 1487, adopted on December 30, 2022. The document was made public on January 3, 2023.