Rules for serving a summons to the military commissariat

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Lobunko Michael

Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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Rules for serving a summons to the military commissariat

Reading time: 3 min.

General rules

Delivery of subpoenas to the Territorial center of procurement and social support is regulated by the Law of Ukraine "On Military Duty and Military Service" and the Procedure for Organization and Maintenance of Military Records of Ukrainian Citizens.

In accordance with these legal acts, summonses may be served on conscripts:

  • by place of residence (stay);
  • by place of work (education);
  • personally to military personnel during their service.

Delivery of the summons must be carried out by an authorized person of the Territorial center of procurement and social support or a representative of local self-government bodies.

 

Delivery of subpoenas during the period of increased mobilization

In the period of increased mobilization, as well as in the case of the announcement of mobilization or the introduction of martial law, summonses to the military commissariat can be served at any time of the day, in any place, including on the street, at checkpoints, etc.

Increased risks of serving subpoenas during the period of increased mobilization

In the period of increased mobilization, as well as in the case of the announcement of mobilization or the introduction of martial law, the risks of illegal delivery of summonses, as well as abuses on the part of military commissariat employees, increase.

Thus, authorized persons of the Territorial center of procurement and social support may try to serve summonses in a rude manner, under pressure or even by force. They may wrongfully ignore the right of a conscript to refuse to receive a summons.

Delivery of summonses on the street

Serving subpoenas on the street is one of the riskiest ways to serve subpoenas. In such cases, the conscript may not have the opportunity to make sure that the summons is delivered by an authorized person of the Territorial center of procurement and social support. He may also not have the opportunity to familiarize himself with the content of the summons and challenge its delivery.

Delivery of summonses at checkpoints

Serving subpoenas at roadblocks is also a risky way to serve subpoenas. In such cases, the conscript may be in a state of stress or even panic, which may make it difficult for him to understand the content of the summons and challenge its delivery.

Force mobilization

In the case of forced mobilization, the rights of a conscript are violated. Because individuals can be called up for military service even without a summons being served.
Today, the use of force during mobilization is a violation of the rights of conscripts.

Legal assistance

In the case of delivery of a summons to the Territorial center of procurement and social support, the conscript has the right to seek legal assistance from a lawyer. A lawyer can advise a conscript about his rights and obligations, as well as help him challenge the service of a summons if it was served illegally.

Duties of the Territorial center of procurement and social support and the rights of a conscript

The TSS (territorial recruitment and social support center) is obliged to: Deliver summonses to the Territorial center of procurement and social support to authorized persons who have relevant documents certifying their authority.

Provide an opportunity for the conscript to familiarize himself with the content of the summons and challenge its delivery.

 

A conscript has the right to:

  • Get acquainted with the content of the summons to the Military Committee.
  • Appeal the service of the summons, if it was served illegally.

In the case of illegal delivery of a summons, a conscript can defend his rights in court. The protection of Ukraine must take place only within the framework of the legal framework and without violating the rights of conscripts.

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