In Ukraine, liability is provided for conscripts, reservists, and reservists violating the rules of military registration. In some cases, representatives of the National Police can carry out administrative detention, deliver to the TCC and SP.
Lawyer, managing partner of the law firm Winner Igor Yaskoexplained to ICTV Fakty in what cases administrative detention is carried out, who is authorized to do this, when a person can be taken to the TCC and SP, and who will be held liable if he is detained longer than the time allotted by law.
Violation of military registration rules
The National Police of Ukraine has been granted the right to carry out administrative detention of military personnel in the event of a violation of the legislation on mobilization training and mobilization, to deliver them to the TCC and SP (Articles 259 and 262 of the Code of Administrative Offenses of Ukraine, Part 3 of Article 38 of the Law of Ukraine On Military Duty and Military Service).
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The TCC and SP can contact the National Police regarding the delivery to them of persons who have committed administrative offenses under Articles 210, 210-1 Administrative Offenses Code of Ukraine (paragraph 36, clause 9 of the Regulation on territorial recruitment and social support centers). Among them:
- violation of military registration rules;
- failure to appear when summoned to the military commissariat without good reason;
- untimely submission of information about a change in one's place of residence, education, work, position;
- violation of the procedure for undergoing training camps.
After which, in accordance with Article 262 of the Code of Administrative Offenses of Ukraine, employees of the National Police have the right to carry out administrative detention.
When a citizen can be detained
The lawyer listed the cases when a citizen can be detained:
- in the event of refusal to receive a summons a police officer who is part of the notification group carries out an administrative detention, delivery of a citizen to the TCC and SP on the basis of Articles 261 and 262 of the Code of Administrative Offenses of Ukraine;
- in the case of refusal to proceed to the TCC and SPa police officer who is part of the notification group carries out administrative detention and delivery of a citizen to such a center on the basis of Articles 261 and 262 of the Code of Administrative Offenses of Ukraine during the verification of military registration documents, if it is established that a citizen violates the rules of military registration, defined by the Order of December 30, 2022 No. 1487 or the Law of Ukraine On mobilization training and mobilization, discrepancies are found between the military registration document and the data in the Unified State Register.
In this case, the senior of the notification group suggests proceeding to the TCC and SP for military registration, undergoing a medical examination to determine suitability for military service, clarifying personal data, a military registration document with the data of the Unified State Register of Conscripts, Persons liable for military service and reservists, Igor explained Yasko.
— That is, the basis for the detention and delivery of the offender is an appeal to the National Police bodies for the delivery of citizens who have committed offenses provided for in Articles 210, 210-1 of the Code of Ukraine on Administrative Offenses. If there is a mark “search”, police officers detain and deliver the offender to the TCC and SP, — the lawyer noted.
Delivery of the offender to the TCC and SP occurs on the basis of Article 259 of the Code of Ukraine on Administrative Offenses. Such detention is possible only for the purpose of drawing up a report on the commission of an administrative offence and if it is impossible to draw it up at the place where the offence was committed.
According to him, delivery can take place to the TCC and SP where the conscript is registered, or to any other district TCC and SP.
When detention and delivery to the TCC is illegal
— If the conscript has not committed any offenses, then the detention and delivery are illegal. If the district TCC and SP has no evidence of violation of the norms of mobilization legislation, then there are no grounds for drawing up a protocol. Therefore, it can be appealed, — he believes.
During detention, the conscript has the right to know the reasons for detention and the place of destination. Citizens also have the right to involve lawyers in drawing up the report and issuing the ruling, Igor Yasko noted.
— Administrative detention of a person who has committed an administrative offense, may last no more than three hours. Anything else is unlawful. If the police violated the requirements of the Law of Ukraine On the National Police, the norms of the Criminal Procedure Code of Ukraine and the rights of the detainee, the prosecutor's office holds the police officers liable, — noted the lawyer.
It is important to note that Article 258 of the Code of Administrative Offenses of Ukraine was supplemented by a provision that a protocol under Articles 210 and 210-1 is not drawn up if the violation was committed during a special period, or the person did not appear at the TCC without good reason, or did not provide a reason for not arriving in response to a summons.
But the conscript must be duly notified of the date, time, and place of the summons. That is, if a person has not updated their data, has not reported a change in personal data, or has not appeared in response to a summons, then the TCC issues a decision on a fine without a protocol, the lawyer explained.
