Recently, cases of attacks on representatives of Territorial Recruitment and Social Support Centers have become more frequent in Ukraine.
What is the punishment for attacking a TCC employee — in the material Facts ICTV.
Assault on a TCC employee: responsibility
As a member of the Ukrainian Bar Association, a practicing lawyer in the field of military law and mobilization Anton Revenko told Facts ICTV, TCC employees are considered a special subject since they are military personnel.
Now watching
At the time of issuing summons to those liable for military service, they are performing their official duties. Therefore, any insult, resistance or obstruction to their activities — this is administrative or even criminal liability.
According to Revenko, in the event of attacks on TCC representatives, most pre-trial investigation bodies are guided by two articles:
- st. 342 of the Criminal Code (resistance to government officials, law enforcement officers, military personnel);
- Article 104-1 of the Criminal Code (obstruction of the legitimate activities of the armed forces of Ukraine and other military formations).
As the lawyer points out, during martial law the sanction of these articles starts from 3 years of imprisonment.
At the same time, special rules are not always applied to persons who attack or exert other physical influence on TCC representatives.
So, in the practice of a lawyer, there was a case of appeal from a representative of the TCC SP, whose attacker was charged with Article 121 of the Criminal Code (intentional grievous bodily harm), which can be applied to any person.
— When a TCC representative is performing official duties, an attack against him carries increased responsibility, — expert indicates.
Attack on a representative of the TCC: when criminal and when administrative liability is applied
According to Revenko, the distinction between administrative and criminal liability lies in the actions that the offender commits. If the actions are irreparable and have grave consequences for the TCC employee, then in most cases this is criminal liability.
Administrative liability applies, for example, when a person insulted a TCC representative and pushed him away.
— Criminal liability occurs when intentional acts of a more serious nature have been committed. For example, severe battery or assault with a weapon, — says the lawyer.
How to act if a TCC representative exceeds his authority
Revenko notes that it is also necessary to distinguish between when a direct attack is carried out on a TCC employee, and when a person is fought off as a result of offenses committed by the military.
If TCC employees use force and try to force a person to be taken to the military registration and enlistment office, then this is an offense.
In this case, the person must warn the TCC employees that they are committing illegal actions. A person also has the right to contact a lawyer and law enforcement agencies — National Police or State Bureau of Investigation.
Then, according to the lawyer, an official check first begins inside the TCC, where the military serves. Depending on the case and consequences, criminal proceedings are opened. Such TCC representatives may be suspended from office while the investigation is ongoing, fired, or transferred.
Cases of attacks on TCC workers
On April 20, it became known that near the village of Chernoguzy, Chernivtsi region a serviceman of the Vyzhnytsia district TCC was carrying out an alert when he was attacked by a group of people.< /p>
According to the regional TCC and SP, unknown persons blocked the vehicle of a TCC representative, and they used force and threats against him, the report states.
The soldier shot at the ground to fight off the attack.
At the beginning of April in the Khmelnytsky region women attacked a TCC and SP car, and one of them broke the windows of the vehicle.
The attack on servicemen of the Shepetovsky district TCC was carried out during warning events.
Administrative proceedings were opened against the woman who attacked the servicemen’s car under Article 173 Petty Hooliganism.
