Consequences of refusing to receive a subpoena/Channel 24 Collage
In Ukraine, there is a general mobilization under martial law. Representatives of the TCC and other authorized persons have the legal right to serve subpoenas, but recruits may refuse to receive them.
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- 1Is there a refusal receiving a summons by violating the rules of military registration
- 2What happens if you refuse to receive a subpoena
- 3What can be the penalty for violating
At the same time, the objector subpoenas can draw up an act, according to which, most likely, the conscript will face administrative responsibility. Artem Krikun-Trush, manager of the law firm, spoke about the intricacies of serving subpoenas, refusing them, and responsibility for this.
Is there a refusal to receive a summons as a violation of the military registration rules
The very fact of refusing to receive a summons is not a violation of the military registration rules, therefore, liability for this is not provided for by law. Questions about violations of the rules may arise when a draft is evaded by an IDP .
You can refuse to receive a summons, but because of this, there is a high probability of imposing a fine. According to Krikun-Trush, at the time of serving the summons, the recruiting center representative does not yet know whether you are violating the accounting rules or not.
If the person subject to conscription has left for a new place of residence , then it must be de-registered and re-registered within seven days. If this is an IDP from the temporarily occupied territories, then she must be registered at the new place of residence regardless of whether she was deregistered at home or not – this is often impossible due to occupation and hostilities.
In addition, recruits must inform the territorial recruiting center to which they are assigned about changes in life – marital status, place of work, study, etc.
If you violate these accounting rules, you will be subject to administrative liability. However, if you are not an IDP, but only passing through a certain settlement, then you can be held liable for violating the rules of military registration no reason. the lawyer explained.
What happens if you refuse to receive a summons
After refusing to receive a summons, representatives of the acquisition center can draw up an act in the presence of witnesses fixing incident. The person who refused to receive the summons is not obliged to sign the document or indicate any information there on his own.
At the same time, authorized persons can serve summons anywhere. Another thing is when the agenda starts with write it out on the spot after checking the documents of the person.
If you are trying to serve the summons in a public place, entering your data in the blank form signed by the head of the acquisition center, you can try to explain that this is illegal . the human rights activist advised.
The act will be considered by the head of the territorial acquisition center, which may collect a fine from the objector. However, this decision can be appealed in court . There, the TCC will try to prove that the person violated the military registration rules, however, if the plaintiff is not an IDP, the TCC will this will be difficult .
This is due with the fact that military enlistment offices do not exchange information with each other, therefore, the representatives of the recruitment center, who planned to hand over the summons, cannot be sure that the person is not on the military register or has withdrawn from it and has not returned to his new place of residence. , – the lawyer noted.
What can be the punishment for violation
Article 210 of the Code of Administrative Offenses provides, that the responsibility for violating the rules of military registration is a fine from 850 to 1700 hryvnia.
for this a warning from the head of the TCC, article 337 of the Criminal Code can be applied against him. In this case, the offender may receive a fine from 5,100 to 8,500 hryvnia or undergo correctional labor during the year.
Prison term from 3 up to 5 years is provided in the event that a person evaded the draft by specifying credentials, passing a medical commission and receiving a mobilization order, but did not appear at the TCC at a certain time.
