Фото: Summons to departure or combat summons: failure to appear and consequences

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Zvonenko Yaroslav

Lawyer practicing military law. Consultations on mobilization, assistance in obtaining a deferment. Specialist in legal support of military personnel on issues of dismissal, compensation payments and transfers to another military unit. Assistance to military personnel in passing the Military Medical Commission, appealing the Military Medical Commission, writing reports and documents of any complexity.

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Summons to departure or combat summons: failure to appear and consequences

Reading time: 3 min.

In the context of martial law in Ukraine, the summons to appear has acquired a new meaning. Receipt of such a document raises many questions and emotions, and prompts the search for information about the possible consequences of failure to appear.

Types of subpoenas:

  1. Summons of informational nature: issued to clarify military registration data.
  2. A summons (referral) for a military medical examination: issued to determine the degree of fitness.
  3. Mobilization or mobilization order: issued to call a person liable for military service during mobilization.
  4. Call for deployment or combat call: issued to a person liable for military service who has already been recognized as fit for military service and enrolled in a certain military unit.

 

What is a call for deployment?

A call for deployment is an official document issued by the military commissariat and the joint venture that obliges a person liable for military service to report to it at a specified time. Usually, summonses of this nature specify a call with personal belongings "by phone call". Such a summons is issued after passing the military qualification commission and a signed mobilization order with a ready-made mobilization order.

Consequences of failure to appear under the call:

According to Article 336 of the Criminal Code of Ukraine, a person's actions are qualified as evasion of military service. This offense is punishable by imprisonment for a term of three to five years. Evasion may occur during mobilization, during a special period, and may also apply to persons from among the reservists called up for military service during a special period.

Valid reasons for non-appearance:

  • Illness: confirmed by a medical certificate.
  • Death of a close relative: documented.
  • Natural disaster: which made it impossible to come to the TCC and JV.
  • Staying abroad: with documentary evidence.
  • Performance of official duties: for persons working in government agencies or at critical infrastructure facilities.

What should I do if I receive a summons?

  • Find out the type of summons and the reason for the summons.
  • Collect the necessary documents.
  • In case of a valid reason: notify the TCC and the JV in advance by phone or in writing, provide documents confirming the reason.

 

If you do not agree with mobilization:

  1. Seek legal advice.
  2. Get acquainted with the legal grounds for obtaining a postponement of military service during mobilization.

If you have legal grounds for obtaining a deferment, or if the TCC  have not considered the documents confirming your right to a deferment or have unlawfully refused to grant it, then seek legal assistance immediately! Until you arrive at the military unit, you are still considered to be liable for military service, not a military serviceman.

Remember that not all grounds for deferment are grounds for discharge from military service! It is much easier and faster to apply for a deferment than to be discharged from military service. You should not ignore calls, as this can have serious consequences. Contact a lawyer for advice if you have any doubts or questions about the call-up.

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Lawyer practicing military law. Consultations on mobilization, assistance in obtaining a deferment. Specialist in legal support of military personnel on issues of dismissal, compensation payments and transfers to another military unit. Assistance to military personnel in passing the Military Medical Commission, appealing the Military Medical Commission, writing reports and documents of any complexity.

Contact now
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