In Ukraine, during martial law, citizens of draft age are obliged to keep military records. Failure to fulfill these obligations may result in the person being declared wanted by the TCC (Territorial Center for Staffing and Social Support). Yaroslav Zvonenko, a lawyer practicing military law at Prykhodko and Partners, told RBC-Ukraine about the main reasons why men can be declared wanted, and ways to avoid this situation.
Why can they be declared wanted?
The lawyer explained that the main grounds for a wanted ad are:
- Failure to appear on summons. If a person does not appear when summoned to the TCC, this is grounds for a wanted advertisement.
- Refusal to pass the military medical commission (MMC). If a person refuses to undergo a medical examination without valid reasons, this can also be grounds for a search.
- Failure to update military registration data. If TCCs and SPs are unable to obtain up-to-date information about an individual through state registries, and the individual does not update this information on their own, this may result in a search.
As Zvonenko explains, at the first stage, a person is subject to an "internal" search within the TCC. Further, if the situation is not resolved, the TCC submits an appeal to the National Police, and the person is declared an administrative wanted person. In case of evading mobilization after receiving a summons, a person may be placed under criminal investigation in accordance with Article 336 of the Criminal Code of Ukraine.
How to withdraw from the TCC search
Zvonenko advises the fastest way to solve this problem is to voluntarily apply to the TCC, where you can explain the reasons for the absence or non-fulfillment of duties.
"You should bring documents that confirm your identity and the reasons for your absence, such as medical certificates or death certificates of loved ones," adds the lawyer. He also recommends enlisting the support of a lawyer to protect against possible illegal actions by the TCC.
If the situation is not resolved voluntarily, the citizen can challenge the actions of the TCC in court. This is possible if the person did not receive a summons or had legal grounds for delay.
Mobilization and repeated summonses
It should be noted that there are no restrictions on re-sending summonses in Ukraine. In case of non-appearance at the previous ones, summonses can be sent again, and each new summons renews the obligation to appear at the TCC. If the person does not appear, a fine is imposed on him.
Also recently, the President's Office confirmed that the problem of the so-called "busification" of conscripted men remains relevant. The General Staff and other institutions are working on solving this issue, trying to reduce the number of such cases.
