Фото: FAILURE TO APPEAR AT THE MILITARY COMMITTEE AFTER SERVING THE SUMMONS

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Kozyan Tatyana

Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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FAILURE TO APPEAR AT THE MILITARY COMMITTEE AFTER SERVING THE SUMMONS

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The current legislation stipulates that conscripts who did not appear at the military commissariat after being served with a summons bear administrative responsibility for this. Sometimes such responsibility can be even more severe - criminal.

A summons to the territorial recruitment and social support center is not the same as mobilization.

They are of different types. Not always delivery of summons means the mandatory mobilization of a conscript. The goal may be to clarify data or, for example, pass a medical commission. Accordingly, subpoenas are divided into several types:

  • to clarify the data;
  • about passing the medical commission;
  • summons for military service and mobilization order.

When the first type of subpoena is issued, it involves either registration or actions related to updating data about a person. As for the mobilization order, it cannot be issued immediately. First, a person must pass a medical examination. And only when he has been recognized as suitable, an order for conscription for military service is possible.

Sometimes even a positive result from the medical board does not cause immediate mobilization for service. It all depends on the real needs of the army and, for example, the availability of a suitable position in the case of a reservist.

What is the responsibility for not appearing at the military commissariat?

Liability depends on the type of subpoena in question. For example, if it is a document that obliges to appear to clarify data, then failure to appear is an administrative offense and leads to a fine (from 200 to 300 tax-free minimum income of citizens). But if a conscript evades military service after passing a medical examination and receiving a mobilization order, he faces criminal liability with a sanction of 3 to 5 years of imprisonment.

To date, the interaction of territorial procurement centers with citizens does not always comply with legislation. In addition to bureaucratic phenomena, there are many different abuses, careless treatment of the health of conscripts and unfounded conclusions about the suitability of certain conscripts with serious illnesses. You can also often see a violation of the order of service of summonses - for example, when the summons is in the mailbox, and not delivered personally for signature.

Therefore, the reluctance of many people to interact with the Military Commissariat is often not connected with an attempt to avoid participation in the defense of the Motherland during the war, but with fears of abuse and violation of their rights. However, failure to appear at the military commissariat is not the best solution if the summons was issued in compliance with all procedural norms. It is more constructive to contact a lawyer who specializes in military matters.

 

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There are various options for interaction:

  • Consultations. The specialist's task is to guide you in the legal regulations that apply to your situation, offering a clear and understandable algorithm of actions.
  • Legal support, starting with interaction with the center and ending with defense in court.

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Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

Contact now
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