The updated draft law on mobilization to Ukraine states that summonses to the military and civilian contact center will be sent online. Find out more about how this mechanism will work and why there are already many questions about it

Legal advice for Ukrainians

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The Ukrainian government has prepared a new version of the draft law on mobilization and sent it to the Verkhovna Rada for consideration. The document, in particular, contains a provision on issuing summonses to mobilized persons in an online format via the electronic office of a conscript.

We tell you how it, according to the Government, should work and what nuances are already observed with this mechanism.

So, according to the new draft law on mobilization, Ukrainians will be sent summonses to the territorial center of acquisition and social support in the electronic office of the conscript.

As stated in Article 22, the duties of citizens on mobilization preparation and mobilization will include registration of the electronic cabinet of the conscript, person liable for military duty, reservist.

At the same time, the persons liable for military duty within 60 days from the date of the beginning of mobilization must clarify their credentials through the Centers for administrative services, or electronic cabinet, or TCC.

How the summons will arrive and what if a person liable for military duty fails to notice it

The new draft law specifies in detail that a summons can be sent through the electronic cabinet, and the day of its delivery will be considered the day when the TCC received notification of its delivery. 

At the same time, if the summons is sent later than 5:00 p.m., it will be considered served on the next business day.

In this case, even if you did not notice that you received the summons in your electronic office, it is still considered to be served. And this, judging by the text of the document, obliges the person liable for military duty to appear at the military enlistment office.

At the same time, there are several valid reasons that allow you not to go to the military enlistment office, for example:

- natural obstacle, illness, russian actions or other circumstances that deprived him of the opportunity to personally arrive at the specified point and time;

- death of his close relative (parents, wife (husband), child, siblings, grandfather, grandmother) or a close relative of his wife (husband).

In case you are unable to come in person to the territorial acquisition center, within three days you must inform the same TCC of the reason for your absence.

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Is this technically possible at all?

According to Fyodor Venislavsky, a member of the Verkhovna Rada Committee on National Security, Defense and Intelligence of Ukraine, yes, it is possible.

According to him, by the beginning of the war, the authorities had formed a database of mobile numbers of conscription age and "technical capabilities make it possible to send a summons online."

"At the level of the Verkhovna Rada Committee on National Security, Defense and Intelligence, we are considering the issue of improving the legislative basis for the delivery of subpoenas, including the possibility of sending men subject to mobilization, a message about the need to appear at the acquisition center using messengers, ie send subpoenas online. Now we are considering the possibility of eliminating bureaucratic problems related to this issue," Venislavsky said.

What is the paradox of online subpoenas?

Today it is not clear exactly how the electronic conscript's office will be realized and how the authorities will oblige citizens to register there.

Moreover, some citizens simply cannot connect to the network, because there are places in Ukraine where there is neither fixed nor mobile Internet. A person can also simply do without the Internet, as it is just a service, not an obligation.

It is also unclear what method will be used to identify citizens. But this issue can be easily solved by using such services as "Diya.Pidpis" or the ID.gov.ua platform. Although earlier, Digital Transformation Minister Mikhail Federov said that subpoenas would "not come through Diya".

Punishment for ignoring a summons

According to the legislation of Ukraine, failure to appear in the territorial center of acquisition and social support after receiving a summons is qualified as evasion from mobilization.

This article entails criminal liability in the form of imprisonment from 3 to 5 years in accordance with Article 336 of the Criminal Code.

More details about the new draft law on mobilization in Ukraine, which the government recently submitted to Parliament, we tell you in our material.

Photo: collage by RBC-Ukraine

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