General mobilization continues in Ukraine. There are cases when representatives of the TCC leave a summons at the door of persons liable for military service. Lawyer and advocate Rostislav Kravets explained how subpoenas should be served and who has the right to do so.
Summons at the door: is it legal and do you need to go to the TCC
Rostislav Kravets said that a summons to the military registration and enlistment office must be handed personally to the person to whom it is addressed, so that he signs the receipt. If a person does not sign the summons, then the actions of the military with the summons at the door have no legal force. The person they call to the military registration and enlistment office may not appear, and there will be no legal consequences for him.
TCC representatives had to wait for the person and personally hand him the summons. Placing a document on the door (even if there is photographic evidence) is a deviation from the general rules for serving subpoenas.
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Please note that summonses are served so that a person comes to the military registration and enlistment office and clarifies his data, not in order to immediately send him to the front.
What to do if a summons is left at the door
According to the law of Ukraine, a person liable for military service who has received a summons must appear at the military registration and enlistment office and register. There is no separate legal act regulating the delivery of summonses during martial law, but there is a resolution of the Cabinet of Ministers that regulates the preparation and conduct of conscription for military service and under contract.
As a general rule, subpoenas must be delivered personally to those liable for military service, who must leave a signature indicating receipt of the subpoena. The head of the TCC must certify it with a seal and signature.
If a person comes home and sees a summons at the door, then they don’t have to react to it at all. It has no legal force, noted Rostislav Kravets.
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