Mobilization in Ukraine (photo: facebook.com/zt.otck) Author: Kateryna Goncharova
Expert: Yaroslav Zvonenko
During the war, if a summons is received, all those liable for military service must appear at the TCC and SP on the day and time specified in the document. What happens next with the summons if there are legal reasons not to appear?
In a commentary to RBC-Ukraine , Yaroslav Zvonenko, a lawyer in the military law practice at Prikhodko & Partners Law Firm, explains what mechanism is used if a person fails to show up at the TCC after a sick leave, a business trip, or other reasons stipulated by law.
Often, conscripts have legal reasons for not appearing in response to a summons on the specified date and time.
Yaroslav Zvonenko reminds us that valid reasons for failure to appear on summons are defined in paragraph 23 of the Resolution of the Cabinet of Ministers of Ukraine “On approval of the Procedure for the conscription of citizens for military service for mobilization, for a special period” dated May 16, 2024, No. 560.
These reasons are:
- an obstacle of a natural nature, illness of a citizen, military actions in the relevant territory and their consequences, or other circumstances that deprived him of the opportunity to personally arrive at a certain point and time;
- the death of his close relative (parents, wife (husband), child, sibling, grandfather, grandmother) or a close relative of his wife (husband).
“A citizen must report a valid reason for not arriving within three days, and after the valid reason for not arriving has passed, the citizen must arrive in response to the summons within seven days,” the specialist says.
If a citizen fails to arrive within the specified time, he will be charged with a violation of military registration rules, which entails administrative liability under Articles 210 and 210-1 in the form of a fine of 17 to 25 thousand hryvnia.
“To record a violation and bring to justice, sending a second summons is not mandatory, although in practice some TCCs and SPs record violations only after the second or third summons, but the legislation allows this to be done after the first,” the source adds.
Earlier, RBC-Ukraine reported whether a summons would be cancelled if it coincided with a work trip and other reasons for not appearing.
Also, after passing the VVK, if the conscript is fit for service, he is given a military summons. Failure to appear for such a summons entails not only a fine, but also criminal liability. The lawyer explained whether failure to appear for a military summons always means imprisonment.
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