A summons to the military registration and enlistment office (TTsKiSP)

• Summons to the military registration and enlistment office. Term meaning
• Who and where can serve summons to the military registration and enlistment office?
• Types of summons to the military registration and enlistment office
• If you refuse the summons. Can I refuse to serve a summons?
• Grounds for non-appearance on the agenda. Responsibility for non-appearance at the military registration and enlistment office
• Statement of a crime upon service of a summons

Due to the continuation of the war and the need to protect the state, mobilization continues in Ukraine in 2023. That is why citizens, and especially men, have a huge number of questions for lawyers. This is confirmed not only by our practice, but also by the statistics of Google search queries in Ukraine for 2022. For example, the request for a summons to the military registration and enlistment office added + 900% in quantity, and the word summons alone in the number of search queries totaled more - almost crept up to the growth mark of + 10,000%. And the growth is very impressive, you see. There are many questions and many answers on the net, but many of them are either outdated (laws change very often in wartime), or incomplete, or given by incompetent people. Alibi law firm could not stand aside and prepared for you a series of short articles on the most pressing issues in a difficult time. In this article, we will consider such issues as: summons to the military registration and enlistment office, types of summonses, delivery of the summons, refusal of the summons, responsibility for not appearing at the military registration and enlistment office, and many others. Let's get started!

Summons to the military registration and enlistment office. Term meaning

Before we get started, a few clarifications need to be made. The term summons means to notify you of an invitation to somewhere. In our case, to the military registration and enlistment office, a word that came to us from the distant past and meant a local government body that provides registration of those liable for military service, their conscription for military service. Since 2017, they have been undergoing reform in Ukraine. At the end of 2020, the official name was changed to the territorial recruitment and social support center (abbreviated as TTsKiSP. With the outbreak of the war, the TCKiSP began mass delivery of subpoenas to those liable for military service. Often this happened in violation of the current legislation, causing a storm of emotions and scandals not only on the streets, but also reaching the level of the mass media information. It came to assaults, forced landings of men in minibuses and even in ambulances used by people in uniform for disguise and delivery ... No, not to the hospital. Such cases of violation of the laws, of course, are isolated and they are committed by persons who discredit all the other employees of the military registration and enlistment offices acting within the framework of the law. We once again urge everyone to act within the legal framework and in the article we will analyze the main controversial points.

Who and where can serve summons to the military registration and enlistment office?

According to paragraph 8 of the Decree of the President of Ukraine "On general mobilization" No. 69 of February 24, 2022, Article 22 of the Law of Ukraine "On mobilization training and mobilization" and in accordance with the new Decree of the Cabinet of Ministers of Ukraine No. 1487 of December 30, 2022, which approved a new "The procedure for organizing and maintaining military records of conscripts, conscripts and reservists" to organize and ensure notification, conscription and arrival of conscripts for military service can:

• • TTsKiSP, commanders of military units. SBU, Foreign Intelligence Service of Ukraine, Operational and Rescue Service of Civil Protection (regarding those liable for military service and reservists of these bodies);
• • Local executive authorities, local self-government bodies (village, settlement, city councils);
• • Enterprises, institutions, organizations of all forms of ownership, individual entrepreneur.

The agenda must be completed and signed only by an authorized person - the head of the TCCiSP. The completed subpoena in your name can be handed over to you by a wider circle of persons from the list above, but in no way should it be filled out in front of you. Filling it out directly with the recipient is illegal, because the decision to call a person in this case is already made by the head of the military registration and enlistment office, but a person who has the right exclusively to deliver and serve the summons.

We will separately consider the possibility of fixing such offenses on video by your mobile phone. In Art. 8 of the Law "On State Secrets" contains an extensive list of what belongs to state secrets and what cannot be photographed, filmed and distributed without special permission. Back in 2022, Article 114-2 was added to the Criminal Code, which introduced criminal liability for disseminating information about the movement of weapons, movements of the Armed Forces of Ukraine or other military formations.

As a result, classified information that cannot be filmed and distributed includes: strategic and mobilization deployment of troops, their number, deployment, armament of the Armed Forces of Ukraine, combat training and some other data that relate to the armed forces and military formations; measures applied for the organization and order of protection of administrative buildings.

Also, in Article 8 of the Law "On State Secrets" it is clearly stated that facts of violation of the rights and freedoms of a citizen and illegal actions of state bodies, local governments and their officials do not belong to state secrets!

Summing up what has been written, it can be argued that it is not prohibited by law to film the delivery of the summons.

The legislation does not define the places for serving the summons, so it can be served anywhere and anytime: on the street, at checkpoints, in a cafe, in the subway or at work. It is worth recalling that a new form of the agenda has been in force since 2023, you can familiarize yourself with it in “Addendum 11” of the Resolution of the Cabinet of Ministers of Ukraine No. 1487. The old forms have been canceled, and it is no longer legal to serve summons using them.

Types of summons to the military registration and enlistment office

There are 4 types of agendas:

• • to clarify the data;
• • to pass the military medical commission;
• • summons -mobilization order (a document issued to a person liable for military service, recognized by the medical commission as fit for service, with the address of the point where you must appear at the first request for distribution to military units);
• • call-summary for urgent military service (Not issued in wartime. Call for urgent service is canceled for the duration of martial law in accordance with the Law of Ukraine "On Amendments to the Law of Ukraine "On Military Duty and Military Service" on the features of conscription for military service and activity of draft commissions during martial law” which entered into force on October 29, 2022)

If you refuse the summons. Can I refuse to serve a summons?

You can legally refuse the summons in the following cases: when an unauthorized person fills in the data with you, their signature or seal is missing, your data is incorrect, the summons is issued on an old-style form. In case of your refusal of a legitimate summons and the corresponding fixation by an act in the presence of witnesses, the case is referred to the head of the military registration and enlistment office, who, as a result, may collect a fine from you for violation or transfer the case to law enforcement agencies if criminal liability is assumed for this. If you did not sign for the receipt of the summons, no act was drawn up with witnesses, the summons was simply delivered to the mailbox or inserted into the door, then there should be no responsibility. In such cases, you are not required to go to the military registration and enlistment office. The summons must be handed to you personally by authorized persons. However, for fairness, it should also be mentioned that the protection of the sovereignty, independence and territorial integrity of our country, respect for its state symbols is the duty of citizens and the business of the whole people. This is what Articles 17 and 65 of the Constitution say.

Grounds for non-appearance on the agenda. Responsibility for non-appearance at the military registration and enlistment office

If, nevertheless, you legally received a summons, then you will have a choice almost like Shakespeare's - "To be, or not to be ...", in your case - to go or not to go.

If you decide to go, you must understand that the military registration and enlistment office can do a lot - not only clarify the data, but also hold a military medical commission, issue a mobilization order.

If you do not want to, you will have to be responsible for the failure to appear on the agenda. It can be both administrative (a fine) and criminal (a real term in prison with very specific people).

We spoke in detail about responsibility in our other article - Administrative, criminal liability for failure to appear on the agenda and evasion of mobilization. Responsibility for offenses during military service. Be sure to read!

It should also be mentioned that police officers have the right to carry out administrative detention of persons liable for military service and reservists who have previously committed an administrative offense regarding the rules of military registration, violation of defense legislation, mobilization preparation and mobilization. This is mentioned in Art. 259, Art. 262 CUAO. Police officers have the right to deliver the violator to the military registration and enlistment office for drawing up resolutions on the imposition of a fine under articles 210, 210-1, 211 of the Code of Administrative Offenses by the head of the TCKiSP.

But there are also legitimate grounds for non-appearance of those liable for military service and reservists, for training camps, for military service during a special period, at the TCKiSP. They are referred to in Art. 29, Art. 39-1 of the Law of Ukraine "On military duty and military service"! The reasons may be: getting into an emergency situation, death of a close relative or close relatives of the spouse (parents, wife, children, brother, sister, etc.), illness and other reasons. A detailed list of reasons is in the Resolution of the Cabinet of Ministers of Ukraine No. 673 dated 28.07.2010.

We would like to draw your attention to the fact that by studying the court sentences for 2022 for evading mobilization, only persons who passed the military medical commission at the military enlistment office and subsequently did not appear at the military unit were convicted. The foregoing explains why persons in military uniform want not only to hand over a summons, but also to force them to immediately undergo an examination by doctors. In connection with the above, everyone has the legal right to call the number 102 to the police and report illegal detention, abduction, imprisonment, if against your will they want to deliver you to the military registration and enlistment office for medical examination. As practice shows, after a call to number 102 and the arrival of the police, persons in military uniform immediately release the victim. In addition, if at the indicated moment you are sick with an infectious disease, in particular, COVID, you cannot expose persons in military uniform to the danger of becoming infected and you must call an ambulance for hospitalization or at least for tests and analyzes.

Summing up what has been written, and comparing it with what we see in social networks, Telegram channels and read in the news about how the summons to the draft board is served, it can be argued that this is sometimes carried out not within the framework of the law. But, despite this, the defense of the motherland in the ranks of the Armed Forces of Ukraine is the moral and legal duty of citizens!

If the law has been violated by the authorities against you, then be sure to contact the Alibi law firm to protect your rights.

Statement of a crime upon service of a summons

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• Statement on the agenda from the military registration and enlistment office

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