The procedure for serving summonses during mobilization

Mobilization in Ukraine has been going on for more than a year, but the issues related to it have not lost their relevance. One of the most common questions and requests is the procedure for serving summonses. After all, there is a lot of information on the Internet about this issue, but it is not always verified and up-to-date.

What is provided?

There is no separate regulatory and legal document that regulates all issues related to the delivery of summonses, and therefore it is necessary to be guided by the Law of Ukraine "On Mobilization Training and Mobilization", as well as the Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Order of Organization and Maintenance of Military Records of Conscripts, conscripts and reservists".

Who can serve the summons and the order of service?

Employees of the Territorial Centres of Recruitment and Social Support, employers, and local self-government bodies can notify conscripts. Only personal receipt of the subpoena for signature. No matter how many times you have heard that a subpoena can be delivered to other persons for transfer to a conscript, you need to understand that this is improper delivery, and in the event of not reporting to the Territorial Centres of Recruitment and Social Support, this subpoena does not create any legal consequences.

What documents must be presented by the person serving the summons?

Service certificate confirming her membership in the territorial recruitment and social support center (Territorial Centres of Recruitment and Social Support).

The service certificate must contain the following information:

• Name of the authority that issued the certificate;
• Surname, first name, patronymic of the person to whom the certificate was issued;
• Photo of the person to whom the certificate was issued;
• Official title of the person to whom the certificate was issued;
• Number and date of issuance of the certificate;
• Signature of the person who issued the certificate.

Where can it be delivered?

Anywhere, since the issue of the place of service of the summons is not regulated by any regulatory act. That is, it can be both a place of residence and a place of work or just on the street?

If the order of delivery is violated?

For example, if the summons is not served personally, it does not create any legal consequences. If a person tries to serve a summons simply in military uniform, but does not introduce himself and does not provide any information about himself, then it is also possible to refuse to serve such a summons.

What to do if a protocol was drawn up and a decision was issued for non-appearance at the Territorial Centres of Recruitment and Social Support on a properly served summons?

Appeal in court. In this case, it is good to have supporting documents that the summons was not served properly.

Recommendations

Know your rights and demand that persons serving subpoenas comply with them. For any unclear or ambiguous situation, use legal assistance. It is good to always have the numbers of lawyers at hand, who can promptly advise on the course of action in a particular situation. And remember that no one can defend your rights except you, and professional legal assistance is only a tool for protecting these rights.