Фото: Serving subpoenas: what are the rules for serving subpoenas?

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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Serving subpoenas: what are the rules for serving subpoenas?

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Since the beginning of the full-scale invasion of Ukraine, the issue of serving summonses has become one of the most pressing. Many men receive summonses in different places and circumstances, which sometimes leads to misunderstandings and violations of rights.

In this article, we will consider the most pressing issues related to this topic.

From now on, Resolution № 560 of the Cabinet of Ministers of Ukraine has approved the Procedure for Conscription of Citizens for Military Service during Mobilization, for a Special Period, which defines what exactly should be contained in the call-up and regulates the issues of how the call-up is formed and who is authorized to serve it. It also specifies the identity card of the person authorized to serve the summons. This certificate is valid only in the district where it was issued and can be used only upon presentation of an additional identity document, such as a passport, officer's certificate or military ID.

 

Where can the summons be served?

The service of a call-up notice may take place:

  • At the address of residence.
  • At his place of work.
  • At checkpoints.
  • In public places.
  • While on the street.

Important! Serving a summons on the street, at checkpoints or other public places is not illegal if it is done by an authorized person and in compliance with all procedures.

The resolution also states that after the deadline for updating the data has expired, the summons may be sent by registered mail.

The law stipulates that the day of appearance of a reservist or person liable for military service on call cannot be earlier than 14 days after the summons is sent to him/her by registered mail with acknowledgment of receipt.

How should the summons be executed?

Persons liable for military service must carefully read the call for service, which contains such information:

  • Surname, name and patronymic (if any) and date of birth of the person liable for military service.
  • Data of the institution that issued the summons (name, unit).
  • Reason for summoning to the CMC and JIC or intelligence agency, the SSU.
  • Place, date and time of appearance.
  • Signature (electronic signature) of the authorized person who issued the summons and date of signature.
  • Registration number of the summons.
  • Information about the consequences of failure to appear and the obligation to report the reasons for failure to appear.

If you have been served with a summons, you must:

  • Report to the Territorial Center for Recruitment and Social Support at the specified time.
  • Bring your passport and other identification documents.
  • Update your personal data.
  • Pass a medical examination (if necessary).

Important! Failure to appear before the TCC and JV without valid reasons entails administrative liability.

This raises the following question: if there are valid reasons for not appearing before the TCC and JV, what should be done?

 

If a person liable for military service fails to appear on a call-up within the specified period, he or she is obliged to do so:

  • Within three days from the date specified in the summons, inform about the reasons for the failure to appear. And then he must appear within 7 days.

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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

Contact now
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