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15 Apr. 2023

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New rules for serving subpoenas in Ukraine: what has changed

Krieg
Popular
Ukraine
New rules for serving subpoenas in Ukraine: what has changed

From now on, Ukraine will serve summonses according to a new procedure, regardless of the place of residence of citizens. Learn more about how the changes will affect the mobilization system

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A new government decree has stirred up the web, as now summonses will be served without reference to the place of permanent registration. The resolution, which removes territorial restrictions, was published on the website of the Cabinet of Ministers on April 7. 


How will the changes affect the mobilization system?


The changes affect the territorial recruitment centers (TCCs) - in other words, military commissariats. The text was amended to clarify the places of military registration, which was not previously available. Now, a conscript cannot refuse a call-up by saying that he is registered in another TCC. And moving to another city will no longer save you from mobilization.


The updated part about military commissariats looks like this:


Territorial centers carry out notification and conscription of citizens:

 for military service by conscription of officers;

 for military service by conscription of persons from among reservists during a special period (enrolled in the military operational reserve)

• for military service during mobilization, for a special period (regardless of their place of military registration).


It is important to note that it is no longer possible to appeal the delivery of a summons at a different place of residence. We would like to add that the innovations do not apply to persons liable for military service and reservists of the Security Service of Ukraine and the Foreign Intelligence Service.


What prompted the changes?


Only citizens registered in the region could be served a summons at a checkpoint or in a public place. Accordingly, those men who were officially registered in another region were released after checking their documents.


The law obliges every person of military age to register with the local military commissariat after moving to a new city. At the same time, those who have not registered, but permanently reside in the region, must also be served with summonses. At the same time, it is not easy to prove the fact of temporary travel or permanent residence.


What do experts say?


The delivery of a summons is a notification to register or clarify your data. Experts remind us that a visit to the military enlistment office does not mean that you will be drafted.


According to lawyer Oleksandr Zolotukhin for the BBC, the situation with conscription will not undergo drastic changes due to these innovations. Before that, you could also be served a summons if there were suspicions about a person's permanent residence in the region.


Zolotukhin added that Ukraine has a rather abstract procedure for serving summonses - one officer can issue one, while another can let a potential conscript through.


According to the lawyer, the main change that awaits military commissariats is an increase in the number of people who will be issued a call. This fact will put an additional burden on the lawyers of the TCC and increase the cost of legal proceedings, as those who do not come to the institution after receiving a call may be held administratively liable.


Read more about what citizens face for failing to report to the military registration and enlistment office here.


Mass mobilization in Ukraine: details


Military and political commanders have repeatedly emphasized that there are no waves of mobilization, as conscription has been going on since February 24, 2022. 


Since the beginning of this year, the number of draft notices handed out in public places and at checkpoints has increased. Employees of military registration and enlistment offices comment that this is not a sign of a new wave, but a continuation of the planned mobilization - the current activity is aimed at forming a reserve and clarifying information about unregistered men. 


We remind you! At the beginning of the year, the government approved the rules of military registration of conscripts, persons liable for military service and reservists. From now on, diplomatic missions will be responsible for returning men home during mobilization. Read more about the new powers of Ukraine's diplomatic missions abroad in our article.




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