A summons arrived, but the person is abroad

Issues of military registration and mobilization are regulated by such normative legal acts as the Law of Ukraine "On Mobilization Preparation and Mobilization", the Law of Ukraine "On Military Duty and Military Service", as well as the Resolution of the Cabinet of Ministers of Ukraine № 560 of June 30, 2023. It is the aforementioned resolution that specifies the provisions of laws and regulates the military registration of conscripts, military personnel and reservists.

We suggest you learn more about what to do if a conscript receives a summons while he is abroad. You can also contact us with these questions for a consultation or order legal support in such cases.

Military law is one of the key areas of specialization of lawyers of the law firm "Prikhodko & Partners". Therefore, we know how to help clients with such requests really effectively.

Can a summons be served on a person located abroad?

There are several ways in which, according to the norms of the current legislation, subpoenas can be served. They are as follows:

• in person (by representatives of the TCC and JV during a meeting with conscripts);
• by heads of enterprises at the place of work (authorized persons of enterprises, institutions and organizations where a conscript works are required to facilitate mobilization in this way);
• by local government bodies;
• by sending via electronic services (if they are introduced).

Therefore, if a person is outside Ukraine, the territorial recruitment center cannot physically hand him a summons. However, according to Resolution No. 560, citizens who have left the country are required to be registered for military service. They are registered at diplomatic institutions of Ukraine.

Is a person obliged to return after receiving a summons?

The answer to this question depends on the type of summons that the conscript received. So, let's first consider the situation when it comes to a summons to clarify registration data. If you received this, this document obliges you to appear at the TCC and JV at the specified time. However, in cases where a person is abroad and is physically unable to arrive, he must inform the authorized representatives of the consular office in the country of his stay.

As for the summons in the format of a mobilization order, the Law "On Mobilization Preparation and Mobilization" obliges military personnel to arrive at the TCC and JV within the framework of mobilization. At the same time, the legislation does not contain a fixed mechanism that would force a citizen who is abroad to return for mobilization.

Is there any liability for non-appearance?

There are two types of legal liability that can be applied to a person who fails to appear at the TCC and JV after receiving a summons. This may be administrative liability - a fine of 17 to 25.5 thousand hryvnia. Also, for evading mobilization, the norms of the current legislation provide for the possibility of criminal liability. This is discussed in detail in Article 336 of the Criminal Code. It states that evading mobilization during a special period, when it comes to reservists, entails liability in the form of imprisonment for a term of 3 to 5 years.

Therefore, as can be seen, liability is significant in both aspects – both when a significant fine is provided for and when imprisonment is implied. At the same time, it is important to clarify that in the case of a person staying abroad, when he did not receive a summons in person, it will be extremely difficult to prove the fact of his evasion of military service.

What to do if you receive a summons while abroad?

In this case, you need to react according to the following algorithm:

1. Make sure that you are registered for military service at the Ukrainian consulate.
2. Contact the diplomatic mission for clarification. Only after you receive this clarification will you be able to understand how to proceed.
3. Check whether you are entitled to a deferment. The full list of reasons for deferment is contained in Article 23 of the Law "On Mobilization Preparation and Mobilization". For example, this may be training, caring for disabled relatives, or other legal grounds.
4. Keep documents confirming your stay abroad (air tickets, visas, contracts, etc.).
5. Do not ignore contacts with military authorities, because evading mobilization may have consequences in the future (for example, this concerns problems with paperwork in Ukraine).

If you want to receive professional advice from a specialist on how to act in your particular situation, the lawyers of the "Prikhodko & Partners" law firm will guide you in these matters during a personal consultation, having analyzed in detail all the circumstances of your case.

Thus, the residence of a conscript abroad does not exempt him from the obligation to be registered for military service and respond to summonses. At the same time, the norms of the current legislation of Ukraine do not provide for automatic punishment for persons who were physically unable to receive a summons or cannot return. In such situations, it is necessary to adhere to legal norms, as well as interact with consular institutions, promptly providing the necessary documents to the relevant authorities.

If you want to receive professional legal support in such requests, fill out the feedback form on our website. A specialist will call you back for an initial consultation..