Currently, in the conditions of general mobilization in Ukraine, employees of territorial recruitment centers (TCK) and military commissariats play a key role in the formation of military formations to defend the country. Their activities are related to the recruitment of conscripts, registration and organization of the conscription process. However, in order to understand which actions of these employees are lawful and which can be considered illegal, it is necessary to consider specific aspects of their work and the legal framework.
Free legal aid lawyers explained which actions of representatives of the territorial centers or the police are legal.
- Notification of mobilization measures;
- serving summonses;
- verification of documents of conscripts, military conscripts, reservists and military personnel;
- photographing or videotaping the document verification;
- a proposal to proceed to the CCC for registration, passing the VLK, and clarification of personal data.
In particular, summonses can be served 24 hours a day at the place of residence, at work, in public places, in the Trade Center, at checkpoints and checkpoints.
What actions are illegal?
- Interference with communication with relatives.
- Removal of personal belongings.
- Confiscation of a car.
- Human delay.
However, representatives of the CCC and the SP may suggest that a person go through or drive to the CCC to clarify their credentials .
“If a person refuses, clearly evades the draft, then CCC employees can call the police ,” the lawyers explained.
It is noted that if a police officer is part of the alert group, he can conduct administrative detention and deliver a citizen to such a center. This is regulated by Articles 261 and 262 of the Code of Ukraine on Administrative Offenses.
It is emphasized: police officers have the right to do this, but not representatives of the CCC .
Additional information
In addition, if a person subject to military service refuses to provide his documents (in particular, military registration) or tries to escape from representatives of the CCC and the police, he faces administrative or even criminal liability .
If the case is considered a violation of mobilization legislation, the citizen may be fined up to 25,500 hryvnias.
But if a person is held criminally liable for evading military service during mobilization, he or she may be sentenced to 3 to 5 years in prison.
"If a conscript refuses to receive a summons, a representative of the CCC must draw up an act of refusal, which is signed by at least 2 members of the notification groups. This act is then registered at the recruitment center ," the experts added.
Experts also noted that a police officer who is part of the alert group can detain a citizen and take him to the CCC.
