The new law on mobilization establishes a procedure for administrative detention of citizens for delivery to the CCC. The police and CCC representatives now have clear restrictions on their actions.
According to Resolution No. 560, CCC employees have the right to contact the police for administrative delivery of persons to military registration offices or to take measures together with law enforcement agencies against citizens who refuse to receive summonses or violate the rules of military registration. However, according to Article 262 of the Code of Administrative Offenses, the police do not have the right to serve summonses, but only carry out administrative detention of conscripts who have violated military registration.
When detaining a person, the police are required to draw up a report that will include the date, place of detention, information about the detainee's identity, reasons for detention, and other characteristics. The police must also inform the detainee's relatives of his or her whereabouts.
According to the new rules, the CCC does not have the authority to independently detain and deliver citizens to it. Such authority belongs only to the police, and only in cases specified by law. The police also cannot independently serve a summons without a representative of the CCC.
Bodies (officials) authorized to carry out administrative detention shall inform centers for the provision of free secondary legal aid about each case of administrative detention of persons in accordance with the procedure established by the Cabinet of Ministers of Ukraine, except for cases where the person defends himself personally or has invited a defense attorney.
Administrative detention may last no more than 3 hours.
Regarding another procedure – delivery – Part 1 of Article 259 of the Code of Administrative Offenses, which regulates the delivery of the violator, determines the following:
"For the purpose of drawing up a report on an administrative offense, if it is impossible to draw it up at the place of commission of the offense, if drawing up a report is mandatory, the violator may be delivered to the police, to a unit of the Military Law Enforcement Service of the Armed Forces of Ukraine, to a territorial center for recruitment and social support, to a body of the State Border Service of Ukraine, the headquarters of a public formation for the protection of public order and the state border or a public point for the protection of public order by a police officer, an official of the Military Law Enforcement Service of the Armed Forces of Ukraine, a serviceman or employee of the State Border Service of Ukraine or a member of a public formation for the protection of public order and the state border, and in case of violation of the legislation on state secrets or violation by conscripts or reservists who are in the reserve of the Security Service of Ukraine, the rules of military registration, the legislation on defense, mobilization training and mobilization - to the bodies of the Security Service of Ukraine by its employee. The delivery of a violator from among the personnel of an intelligence agency of Ukraine while performing his official duties is carried out only in the presence of an official representative of this agency.".
So, firstly, the list of persons who deliver to the CCC does not include CCC employees. Secondly, due to the amendments made to Article 258 of the Code of Administrative Offenses by Law No. 3696-IX, which came into force after the law on mobilization, on May 19, 2024 (draft law 10379 on absentee fines), drawing up a protocol on violation of the rules of military registration and mobilization legislation is no longer mandatory.
Thus, the new law stipulates that "a protocol shall not be drawn up in the event of the commission of administrative offenses provided for in Articles 210, 210-1 of the Code of Administrative Offenses, the consideration of which is within the competence of the CCC, during a special period, if the person did not appear without good reason or did not inform the reason for non-arrival at the CCC's summons, having been duly notified of the date, time and place of the summons, and if the CCC has documents confirming the person's receipt of the summons.".
As stated in clauses 47 and 54 of the Procedure for Conscription of Citizens for Military Service, approved by the Cabinet of Ministers Resolution No. 560 of May 16, 2024, the detention of a citizen by the police and delivery of the citizen to the CCC is carried out on the basis of Articles 261 (which provides for the mandatory drawing up of a protocol) and 262 of the Code of Administrative Offenses (which determines the circle of persons entitled to carry out detention).
Regarding the initiation of detention and delivery to the CCC, Resolution No. 560 defines the following powers of the CCC.
Heads of district (city) CCCs:
- apply to the police for administrative detention and delivery to the CCC of persons who have committed administrative offenses provided for in Articles 210 and 210-1 of the Code of Administrative Offenses;
- take measures together with police representatives to administratively detain and deliver to the CCC persons who refuse to receive summonses or have violated the rules of military registration.
What exactly is meant by "taking measures" is not specified, but this does not mean that the CCC was thus authorized to carry out detention and delivery.
At the same time, it should be noted that there is a certain contradiction with another current resolution of the Cabinet of Ministers of Ukraine dated December 30, 2022 No. 1487 "On Approval of the Procedure for Organizing and Maintaining Military Records of Conscripts, Military Obligees and Reservists", which stipulates that the CCCs turn to the National Police - in case of impossibility of drawing up a protocol on an administrative offense at the place of its commission - to deliver persons who have committed administrative offenses, provided for in Articles 210, 210-1 of the Code of Administrative Offenses, for the purpose of drawing up protocols on administrative offenses, to the relevant CCC, in which this person is (should be) on military registration. That is, again, the condition applies - the impossibility of drawing up a protocol on the spot.
Regarding the powers of the police in the context of detention and delivery to the CCC, Resolution No. 560 determines the following.
During the notification - in case of refusal to receive a summons, a police officer who is part of the notification group carries out administrative detention and delivers the citizen to the district (city) CCC on the basis of Articles 261 and 262 of the Code of Administrative Offenses. In this case, police officers do not have the right to serve summons, but they can join notification groups and check military registration documents.
During the verification of military registration documents - in case of refusal to proceed to the district (city) CCC, a police officer who is part of the alert group conducts administrative detention and transports the citizen to the CCC on the basis of Articles 261 and 262 of the Code of Administrative Offenses.
In turn, during the verification of documents, the proposal to “follow up” with the CCC must come from the senior of the notification group (judging by the resolution, only a representative of the CCC can be the senior) in the following cases:
– if it is established that a citizen violates the rules of military registration, determined by the Procedure for organizing and maintaining military registration of conscripts, military personnel and reservists, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1487 or the Law "On Mobilization Training and Mobilization",
– identification of discrepancies between the military registration document and the military registration data of the Unified State Register "Oberig".
In addition, police officers can independently carry out administrative detention and take a person to the CCC:
– in the absence of a military registration document (or military ID in electronic form)
– the availability of information in registers and databases (banks) included in the unified information system of the Ministry of Internal Affairs about the search for such a person.
It is also determined that the heads of territorial police bodies (units):
– organize, upon request of the CCC, administrative detention and delivery of police bodies (subdivisions) to the specified centers and bodies of reservists and military conscripts who have committed administrative offenses provided for in Articles 210 and 210-1 of the Code of Administrative Offenses. Administrative detention of such persons is carried out regardless of their place of residence on military registration. In such a case, the person is delivered to the nearest CCC;
– notify the CCC of the impossibility of carrying out administrative detention and delivery to such a center within 30 calendar days of persons who have committed administrative offenses provided for in Articles 210 and 210-1 of the Code of Administrative Offenses;
– organize police checks of male persons aged 18 to 60 for a military registration document (VOD in electronic form) together with an identity document, and in the event that such a person does not have a VOD (VOD in electronic form) or there is information in registers and databases (banks) that are part of the unified information system of the Ministry of Internal Affairs about the search for such a person, administrative detention and delivery of such a person to the nearest CCC.
However, again, questions arise regarding the compliance of the norms on delivery “to the nearest CCC” with the Cabinet of Ministers Resolution No. 1487 of December 30, 2022, according to which the delivery of persons who have committed administrative offenses provided for in Articles 210, 210-1 of the Code of Administrative Offenses for the purpose of drawing up protocols takes place “to the relevant CCC, in which this person is (must be) on military registration.”.
Also, the National Police, upon reports from the CCC, SBU bodies, and relevant units of intelligence agencies, conducts pre-trial investigations into persons who have committed criminal offenses under Articles 335, 336, and 337 of the Criminal Code. We would like to remind you that under Article 337 of the Criminal Code, criminal liability is provided for evasion of a conscript, conscript, or reservist from military registration after a warning issued by the relevant head of the CCC.
