There are certain rules for serving and receiving subpoenas.
Due to the full-scale invasion of Russia into Ukraine, mobilization continues in our country. Many conscripted Ukrainians were abroad even before the start of the large-scale war and still have not returned to Ukraine.
If a person is abroad, then in fact they cannot be mobilized. However, sometimes such summons still come. What to do if a summons has arrived to a person who is abroad, attorney and lawyer Nadiya Hryshchenko explained in the commentary “Facts of ICTV”.
She reminded that according to the law there are certain rules for serving and receiving summonses.
“The agenda is delivered personally to the person who is summoned to the Military Commissariat. Therefore, if the person is abroad, no one, except herself, will be able to receive the summons,” Hryshchenko emphasized.
According to the lawyer, after reading the document, the conscript must put his signature, which confirms that the person has received a summons and is obliged to come to the military commissariat at the specified time. If the person is abroad, he cannot physically receive the summons and put his signature on the relevant document.
“For receiving a summons, a conscripted person signs the receipt (root of the summons) and fills in the date when he received such an agenda,” the lawyer noted.
Hryshchenko added that foreign diplomatic institutions do not serve summonses to citizens. If the person legally crossed the border and informed the military commissariat about his move, then there should be no problems with the delivery of summons, since the military commissariat will have information that the conscript left for permanent residence abroad.
At the same time, if the summons was issued to one of the relatives of the conscript, they must explain that the man is currently abroad and will not be able to return. The lawyer added that subpoenas cannot be sent through family members, relatives or friends.
Mobilization in Ukraine: what you need to know
On February 7, 2023, the Verkhovna Rada extended martial law and mobilization for 90 days.
Lawyer Andrii Novak explained the punishment for a conscript who received a summons, signed for its receipt, but did not appear at the military commissariat. If it is the first or second non-appearance on the agenda, it may be an administrative responsibility. However, in some cases, criminal liability is involved.
In addition, on January 27, the Cabinet of Ministers approved a new procedure for booking conscript workers from mobilization. The company can book up to 50% of employees. The possibility to reserve employees was also given to private companies that do not belong to the defense sector, nor to government institutions or organizations.
Instead, there are 15 categories of Ukrainians who are exempt from mobilization in 2023.
