Ukraine provides for liability for violation of military registration rules by conscripts, those liable for military service, and reservists. In some cases, representatives of the National Police can carry out administrative detention and take them to the TCC and SP.
Lawyer, managing partner of the law firm Winner Igor Yaskoexplained to Facts ICTV 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 also who will be held responsible if he is held for more than the time allowed by law.
Violation of military registration rules
The National Police of Ukraine is given the right to carry out administrative detention of those liable for military service in case of violation of the legislation on mobilization preparation and mobilization, to deliver them to the TCC and SP (Articles 259 and 262 of the Code of Administrative Offenses, part 3 of Article 38 of the Law of Ukraine on Military Duty and Military service).
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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 of the Code of Administrative Offenses (paragraph 36 of clause 9 of the Regulations on territorial centers of recruitment and social support). Among them:
- violation of military registration rules;
- failure to appear at a call to the military commissariat without good reason;
- late submission of information about changes in your place of residence, education, work, position;
- violation of the procedure for completing training camps.
After which, in accordance with Article 262 of the Code of Administrative Offenses, 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 case of refusal to receive a summons the policeman, who is part of the alert group, carries out administrative detention and delivers the citizen to the TCC and SP on the basis of articles 261 and 262 KUoAP;
- in case of refusal to proceed to TCC and SPa police officer who is part of the alert group conducts administrative detention and delivers a citizen to such a center on the basis of Articles 261 and 262 of the Code of Administrative Offenses during a check of military registration documents, if it is determined that the citizen is violating the rules of military registration, determined by Order No. 1487 of December 30, 2022 or the Law of Ukraine On Mobilization Preparation and Mobilization, discrepancies between the military registration document and the data in the Unified State Register were identified.
In this case, the senior alert 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 data from the Unified State Register of Conscripts, those liable for military service and reservists, explained Igor Yasko.
— That is, the basis for the detention and delivery of the offender is an appeal to the National Police 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 “wanted” Police officers detain and deliver the offender to the TCC and SP, — noted the lawyer.
The offender is delivered to the TCC and SP on the basis of Article 259 of the Code of Administrative Offenses. Such detention is possible only for the purpose of drawing up a protocol on the commission of an administrative offense and if it is impossible to draw it up at the place where the offense was committed.
According to him, delivery can take place at the TCC and SP, in which the person liable for military service is registered, or to any other regional TCC and SP.
When detention and delivery to the TCC is illegal
— If the person liable for military service has not committed any offenses, then the detention and delivery are illegal. If the district TCC and SP does not have evidence of violation of the norms of mobilization legislation, then there is no reason to draw up a protocol. Therefore, it can be appealed, — he thinks.
During detention, a person liable for military service has the right to know the reasons for detention and the place of referral. Citizens also have the right to involve lawyers in drawing up a protocol and making a decision, Igor Yasko noted.
— Administrative detention of a person who has committed an administrative offense can last no more than three hours. Everything else is not legal. If the police violated the requirements of the Law of Ukraine On the National Police, the norms of the Criminal Code of Ukraine and the rights of the detainee, the prosecutor's office holds police officers accountable, — noted the lawyer.
It is important to note that Article 258 of the Code of Administrative Offenses has been supplemented with the 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 reported the reason for non-arrival on the summons.
But the person liable for military service must be properly notified of the date, time and place of the call. That is, if a person did not update his data, did not report a change in personal data, or did not appear on a summons, then the TCC issues a fine without a protocol, the lawyer explained.
