Фото: The summons is in the mailbox. What to do?

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Danilova Yulia

Lawyer specializing in military law. Escort at the military commissariat, registration of postponement of mobilization, dismissal from military service, receipt of payments for military personnel, attorney requests.

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The summons is in the mailbox. What to do?

Reading time: 2 min.

Today, during the general mobilization in Ukraine, representatives of the TSC quite often resort to illegal measures of sending and serving summonses. Namely, summonses are sent to mailboxes of conscripts. It should be understood immediately that such subpoenas have no legal force and cannot be considered properly served.

In general, it should be understood that a summons can be served in many cases. For example, in public places, at the workplace, at the place of residence, at roadblocks, etc. In such a summons, it is necessary that the personal data of the conscript must be indicated correctly. Such subpoenas should be prepared only by representatives of the TSC and SP and, accordingly, delivered by them or by representatives of the Security Service of Ukraine and units of the Foreign Intelligence Service.

Accordingly, no current legal act provides that the summons is considered to have been served properly if, without any notice from the conscript, it is placed in the mailbox.

To understand in more detail why such service of summons is illegal and violates your rights, you should analyze such situations on a real case from our company's practice.

A summons was attached to the client's mailbox with an indication of the date when it is necessary to appear and a warning that in case of non-appearance the person will be wanted. However, such a summons cannot be considered duly served and has no legal force. The client has no obligations after receiving the summons in this way and the need to appear before the TSC. After all, the summons was not properly served.

 

It should be understood that no normative legal act provides for the order and correct procedure for serving summonses. However, it is obvious that the person must sign the summons in person and representatives of the TCC take away the "root" with the conscript's signature. If the person's signature is missing, it is not possible to prove that the person received the summons and was properly notified and familiarized with the summons. Therefore, the summons, which was placed in the box without personal delivery to the conscript and his signature, has no legal force and does not entail negative consequences for non-appearance.

Also, it should be noted that judicial practice in such cases also states that such subpoenas are not considered properly served. According to the Resolution of the Supreme Court dated 14.12.2021 in case № 761/8429/16-r and dated 28.01.2020 in case № 759/5435/16-r, "a summons delivered personally to a conscript and he put his signature on receipt''.

Therefore, if you are a conscript and find a summons in your mailbox, you should not immediately panic. You should contact our company's specialists for advice on the correctness and legality of serving such subpoenas.

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Lawyer specializing in military law. Escort at the military commissariat, registration of postponement of mobilization, dismissal from military service, receipt of payments for military personnel, attorney requests.

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