The Supreme Court of Ukraine made an important decision according to which the subpoena is not subject to appeal in court. The judge of the Cassation Administrative Court emphasized that the summons is only a means of notification of the need to perform military duty in accordance with the law, and not a document that can be appealed.
The decision was made on October 23, 2024 in case No. 380 2838 24. The plaintiff, who tried to appeal the summons from 2022, claimed that it had a forged signature of the temporary acting head of the TCC, that the document did not contain the date, the purpose of the summons and order to notify and serve a summons.
The man claimed that the summons should be signed only by the head of the TCC, and delivered personally or by authorized persons. He also stated that if he had refused to receive the summons, an act should have been drawn up, which did not happen. As a result, a criminal case was opened against him for refusing to receive a summons.
However, the Supreme Court noted that the actions of the TCC regarding the production and delivery of the summons do not indicate a violation of the rights of the plaintiff, since the summons is only a notification tool, and the issue of its delivery or other violations of the procedure can be resolved only within the framework of criminal proceedings, if there are doubts about the legality of these actions .
