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12 Jan. 2024

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What to do after being served with a summons and is it possible not to go to the military recruitment centre?

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What to do after being served with a summons and is it possible not to go to the military recruitment centre?

Territorial recruitment centers continue to recruit people into the Ukrainian army by issuing subpoenas. Learn more about the algorithm of actions after receiving a summons and in what cases you can refuse it

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Ukraine is still undergoing general mobilisation, which was introduced on the territory of the country after the full-scale invasion of russia. During the period of martial law, when receiving a summons, citizens of Ukraine must comply with certain norms and rules stipulated by law. We tell you what steps to take if you have been served with a summons and what can be a reason for non-appearance at the military enlistment office.


To begin with, it should be noted that Ukrainians under martial law can be served three types of summonses (there are four in total). Therefore, receiving this document in hand does not always mean that you are sent to the front.


What types of subpoenas are there?


Subpoena to update data. This subpoena is sent to update information about citizens, including changes to their personal details. This does not necessarily mean mobilisation, but rather is a procedure to keep information about citizens up to date to form a mobilisation reserve.


Subpoena for a military medical commission. This subpoena summons citizens for a medical examination by a military medical commission. The purpose of the commission is to determine the citizens' fitness for military service and to assess their physical and psychological condition. The results of the commission may be used for further conscription or the formation of a mobilisation reserve.


Mobilisation order, or "combat summons". This is a summons that calls citizens for immediate conscription due to mobilisation. It is a serious order that requires citizens to report to a specified place and time to join the Armed Forces immediately.


A summons has been issued? Here's what to do next


During the issuance procedure, the potential draftee should pay attention to the type of summons, as well as its contents: the address of the TAC (territorial acquisition centre), to which it is necessary to appear; the specific date and time of arrival; the data of the person who is invited to the military enlistment office.


You should not be frightened, because most often subpoenas are served for the purpose of checking your military registration data.


With the summons you go home and there you prepare for a visit to the TAC at the specified time. In the military enlistment office, of course, you need to take documents, here is the list:


• passport;

• military ticket (temporary certificate);

• service record card;

• mobilisation summons.


If there are grounds for deferment, the relevant documents should also be taken with you.


After appearing at the military commission, the potential conscript is sent to a military medical commission to determine his degree of fitness. Upon completion of the commission, he is recognised as fit, limited fit or unfit.


It is important to know that it is possible not to appear at the military commission for only a few reasons: illness, care for a sick relative or death of relatives, natural disaster, as well as taking exams at a higher education institution.


Otherwise, failure to appear in the military enlistment office is punishable by administrative and then criminal liability.


If a citizen is determined to be unfit or limitedly fit, he can count on deferment from service. This is entitled to:


- Parents who independently raise a child under 18 years of age;

- parents who have three or more children under 18 years of age;

- Are unfit for military service for health reasons or have a disability;

- Booked workers (during the period of the booking only);

- Raising a child with a disability under the age of 18;

- raising a child with severe perinatal lesions of the nervous system, severe congenital malformations, rare diseases, oncology, mental disorders, type I (insulin-dependent) diabetes mellitus;

- those who are raising a child who has been severely traumatised, requires an organ transplant or palliative care;

- adoptive parents or guardians of orphaned and neglected children;

- Has a minor child if the partner or partner is in military service;

- employees of military authorities, military units, enterprises, institutions and organisations;

- those who have close relatives killed or missing in action during the war (including ATO/OS) 

- are receiving professional higher and higher education, or are scientific and pedagogical staff of a higher education institution;

- those caring for a person with a disability if there is no one else to do so - i.e. if there are able-bodied adult brothers or sisters or spouses;

- students, trainee assistants, postgraduate students and doctoral students - it does not matter first or second education, master's/bachelor's degree, budget/contract;

- scientific and scientific-pedagogical employees of higher education institutions, scientific institutions and organisations with academic titles and/or degrees;

- teachers from vocational education institutions, school teachers working at least 0.75 rate;

- people's deputies of Ukraine.




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Rules for issuing summonses on the street


Recently in Ukraine more and more often representatives of the TAC issue summonses to citizens in public places, including at checkpoints. However, this is not always legal, here's why:


Issuing a summons must take place strictly in accordance with Ukrainian law. For example, if you are stopped by representatives of a military recruitment centre and asked to show your documents, you can show them only in the presence of the police.


Also note that it is illegal to fill out a summons while serving it. Usually it happens after the citizen has shown his documents and the TAC representative fills out the summons according to them. 


"Such a summons may not be received", - lawyers say and recommend in such cases to report violations to the police, and if there is a need - to call an investigative-operative group to the place.


If a citizen is forcibly dragged into a car and taken to the TAC, he or she has the right to demand a lawyer and call the police in connection with illegal activities of military officers. In addition, you may refuse to sign any documents. If possible, report the incident to your loved ones.


We will remind you! Who can not be forcibly mobilised and who is entitled to deferment from military service in 2024, we told here.


Photo: UP

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