Martial law continues in Ukraine, and with it mobilization. As it turned out, if a summons was brought to the military, he has the right to refuse it.
No one can force a person to receive and sign anything. This was announced by lawyer Andrei Novak.
How can I refuse to receive a subpoena
According to the lawyer, a person cannot be forced into a car and sent to the military registration and enlistment office. In this case, a citizen of Ukraine, on serving the summons, must draw up an act of refusal to receive and indicate at least two witnesses who can confirm the fact and reason for the refusal.
In the future, this act is transferred to recruitment center and can subsequently be handed over to law enforcement agencies. Responsibility is the same as in case of non-arrival at the place specified in the agenda, Novak noted.
What is the responsibility for not showing up at the military enlistment office
If a person liable for military service received a summons, signed for it, then he must visit the recruitment center, otherwise he may be held administratively or criminally liable.
Administrative responsibility provides for a fine of 1,700 – 3,400 hryvnias , and criminal liability – from 3 to 5 years in prison.
What types of subpoenas exist in Ukraine
Now they can serve four types of subpoenas:
- subpoena to appear at the military registration and enlistment office to clarify the credentials of a person liable for military service;
- summons to undergo a medical examination at the military registration and enlistment office;
- summons for conscription for urgent military service;
- summons to arrive at the recruiting station. Or “mobilization order”, “combat summons”, “summon to dispatch”.
What type of subpoenas are handed “on the street”
Those agendas that are now handed out on the streets are usually not combat. Most of them provide for a call to the military registration and enlistment office for clarification of data or for a medical examination (i.e. the first or second type).
You can refuse the summons in two cases: when it contains incorrect passport data or when it is filled out mistakes.
Important! By accepting such a summons and not appearing for it, a person evades conscription, therefore, he risks being held criminally liable under Article 335 of the Criminal Code of Ukraine (punished by restraint of liberty for a term of up to 3 years).
