Refusal of subpoena

Refusal of a summons to the military commissariat is an urgent issue for many citizens, especially those who do not want or cannot serve in the Armed Forces. Ukrainian legislation provides an opportunity to refuse a subpoena under certain conditions, but this right must be used responsibly and reasonably. In this article, we will consider the legal aspects of refusing a subpoena to the military commission and provide useful advice for those who are faced with this issue.

First of all, it should be understood that the refusal of a mobilization summons is a rather debatable issue in the legal field today. Since, no current normative legal act provides a clear possibility for a direct refusal of a subpoena.

The category of persons who were excluded from military registration can refuse the summons without any negative legal consequences. Since such persons, from the moment of exclusion from the register, do not have any legal and legal connection with the Territorial center of procurement and social support. After all, they are excluded from military registration and do not have any obligations to the Territorial center of procurement and social support. Including such things as receiving a summons and appearing for it. However, this category of persons is quite small from the total number of conscripts.

For all other categories of conscripts, the situation is more complicated. It is obvious that it is possible to refuse a subpoena if incorrect personal data (last name, first name, patronymic, year of birth, etc.) are entered in such a subpoena. Such a summons may not be signed. Also, if the subpoena form is without the appropriate seal of the Territorial center of procurement and social support and the commissioner's signature.

In general, in other cases, the refusal will be considered illegal and the Territorial center of procurement and social support representatives will be able to record the refusal and issue an administrative offense. The legal consequence of such an offense is a fine in the amount of UAH 850 to UAH 1,700 in accordance with Article 210 of the Code of Administrative Offenses.

It should be noted that the representatives of the Territorial center of procurement and social support have the right to serve a summons in any public places, in this regard, there are no restrictions on the place of serving a summons in the current legal acts. So it can be parks, city streets, shopping and entertainment centers, shops, gyms, etc.

It is worth understanding that there is an opportunity to write a refusal of a subpoena, or rather to appear under this subpoena, immediately after receiving it. It is better to analyze such refusals on a real case of our company.

Oleg received a mobilization summons to send, but he had objective reasons to refuse it. Because his own mother was hospitalized with suspected stroke and diabetes. Apart from him, no one could take care of her and help her in her condition. Accordingly, we wrote a letter to the tsk for our client with a justification of the circumstances and attached hospital discharges, doctors' reports, a cardiogram and a copy of the client's mother's passport and birth certificate to prove family ties between them. After receiving this letter with supporting documents, the Territorial center of procurement and social support granted the client a deferment from mobilization due to objective circumstances.

Therefore, if you have doubts about your rejection of a summons to the military commissariat, it is better to consult an experienced lawyer of our company. He will be able to analyze your situation and provide professional advice on the best course of action.

Adherence to the above-mentioned advice will help you to use this right correctly and avoid possible negative consequences. Fill out the form on our website and our military law lawyer will contact you shortly.