Home ยป When service of a subpoena is considered illegal: a lawyer's explanation

When service of a subpoena is considered illegal: a lawyer's explanation

by alex

General mobilization and martial law in the country continue. Citizens are actively handed subpoenas, however, violations often occur during their execution.

Vladislav Yurchak, a lawyer at T&T Partners, told how the spring mobilization-2023 will take place on Channel 24 . When the service of the summons can be considered illegal – we explain further.

How subpoenas should be served and who can do it

The lawyer notes that the form of the agenda is clearly defined at the legislative level. This means that its registration in any other way is illegal.

According to Vladislav Yurchak, the summons must be handed over personally to a citizen liable for military service and signed by him to certify its receipt. At the same time, in case of refusal of the summons by the person who issued it, an appropriate act must be drawn up.

That is why, leaving a summons at the door of an apartment or a mailbox is not legal . Accordingly, it cannot give rise to any consequences for a citizen liable for military service.

Quite often, subpoenas that are left at doors and other places are stamped “Wanted”, etc. It should be noted that the corresponding marks are not provided for by law, and therefore their affixing is illegal, the lawyer explains.

Who can serve a summons

  • Representatives of local governments;
  • heads of an enterprise, institution, organization where a person liable for military service works, regardless of the form of ownership and subordination;
  • managers of apartment buildings;
  • officials of territorial recruitment and social support centers (not necessarily managers).

However, we note that police officers, military personnel (including representatives of the TRO) or officials of the State Border Guard Service of Ukraine do not have the right to do this .

Which student can be drafted into the army

Students, graduate students and doctoral students have a deferment from military service for the duration of their studies. However, this applies only to those who receive education in full-time or dual form of study. That is, if a student studies in absentia, he can be mobilized.

Moreover, they can be mobilized at the end of a college before entering a university, at the end of a bachelor's degree before entering a master's program, or at the end of a university before entering a graduate school and also before entering a doctoral program. Read more about this in the material.

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