Currently, in the conditions of general mobilization in Ukraine, the employees of the procurement centers (TCC) and military commissariats play a key role in the formation of military formations for the defense of 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 legal and which may be considered illegal, it is necessary to consider specific aspects of their work and the legal framework.
Lawyers of free legal aid explained which actions of representatives of the centers or the police are legal.
- Notification of mobilization measures;
- delivery of summonses;
- checking documents of conscripts, conscripts, reservists and military personnel;
- taking a photo or video of document verification;
- a proposal to proceed to the TCC for registration, passing the VLC, clarification of personal data.
In particular, summonses can be served around the clock at the place of residence, at work, in public places, in TCC, at checkpoints and checkpoints.
What actions are illegal
- Interference with communication with relatives.
- Removal of personal belongings.
- Confiscation of the car.
- Human delay.
However, representatives of the TCC and JV may offer a person to go or drive to the TCC in order to clarify the credentials .
"If a person refuses, clearly evades the draft, then TCC employees can call the police ," the lawyers explained.
It is noted that if a police officer is part of an 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 this, but not representatives of the TCC .
Additional Information
In addition, if a conscript refuses to provide his documents (in particular, military registration) or tries to escape from representatives of the TCC and the police, he faces administrative or even criminal liability .
If the case is considered a violation of the mobilization legislation, the citizen may be fined up to 25,500 hryvnias.
But if a person is prosecuted for evading the draft for military service during mobilization, then imprisonment for a period of 3 to 5 years is possible.
"If a conscript refuses to receive a summons, a representative of the TCC must draw up an act of refusal, which is signed by at least 2 members of the notification groups. Then this act is registered in the procurement center ," the experts added.
Experts also noted that a police officer who is part of the alert group can detain a citizen and deliver him to the TCC.
