Фото: Forced delivery to the Military Commissariat

"The main and most essential content of law is freedom."

Danilova Yulia

Lawyer specializing in military law. Escort at the military commissariat, registration of postponement of mobilization, dismissal from military service, receipt of payments for military personnel, attorney requests.

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Forced delivery to the Military Commissariat

Reading time: 3 min.

Unfortunately, to date, cases of forced detention of citizens on the street by employees of the RTCC and SP are not isolated, and absolutely illegal. Well, indeed, with the entry into legal force of the new law on mobilization on May 18, 2024, the powers of representatives of the RTCC and SP are significantly expanded, and stopping a citizen of Ukraine for the purpose of serving a summons or checking military registration documents is legal.

But an absolutely logical question arises: "where is the line drawn between the permitted law and the excess of authority?"

In accordance with Part 6 of Art. 22 of the Law "On mobilization training and mobilization" states that all conscripted men between the ages of 18 and 60 are required to carry a military registration document and present it at the request of an employee of the TCC and JV, a member of the National Police or a representative of the State Border Service.

 

I also note that the changes to the mobilization legislation do not provide for the granting of any additional powers to the employees of the TCC and SP regarding the administrative detention of conscripts.

That is, only employees of the National Police will still be able to detain citizens for violation of legislation on mobilization (for example, failure to present a military ID at the request of an authorized person, for which responsibility will be assumed under Part 2 of Article 210-1 or Article 210 of the Code of Administrative Offenses).

 

If you have been illegally detained by the employees of the TCC and SP, with a clear excess of authority under the new law or, simply put, "packaged in a bag", then in this case I suggest following the following algorithm of actions:

  1. The first and most important action, which will make it easier for your lawyer to defend in the future, is your (or your friends') video recording of the illegal actions of representatives of the RTCC and SP;
  2. The second action will be an urgent verbal complaint to the hotline of the military law enforcement service (this service is intended, among other things, to prevent the commission of crimes in the Armed Forces);
  3. The third action will be to write a complaint to the police authorities on the fact of illegal deprivation of liberty or abduction of a person by a group of persons, known illegal detention of a person, excess of official authority, by representatives of the RTCC and SP, and for causing bodily harm - exceeding official authority accompanied by violence.

Such an algorithm of actions at the beginning will help your lawyer to properly defend your rights in the future and prevent the RTCC and JV employees from committing illegal actions against you. Fill out the form on the website and our mobilization lawyer will call you in the near future.

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Lawyer specializing in military law. Escort at the military commissariat, registration of postponement of mobilization, dismissal from military service, receipt of payments for military personnel, attorney requests.

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