• 17/04/2024 12:19

Who will serve subpoenas in Ukraine according to the new rules: list of persons

 Кто будет вручать повестки в Украине по новым правилам: список лиц

Photo: Mobilization in Ukraine (Vitaly Nosach/RBC-Ukraine) Author: Katerina Goncharova
Expert: Katerina Anishchenko

The Cabinet of Ministers submitted to the Rada a large bill on mobilization. They are offered a number of changes: lowering the age threshold from 27 to 25 years, reducing the list of categories not subject to mobilization, sending summons to the TCC by e-mail and other innovations.

The bill, in particular, regulates exactly who can serve subpoenas and how, says Ekaterina Anishchenko, a lawyer at the law firm Riyako&Partners, in a commentary to RBC-Ukraine .

Who will serve subpoenas in Ukraine: list of persons and conditions

The bill proposes to normalize the practice of serving subpoenas, says Katerina Anishchenko. After all, the proposed changes suggest two clear possibilities for the proper delivery of summons to men of military age:

  • Through the conscript's electronic account;
  • Personally signed.
  • If the draft law is adopted , the circle of persons who can serve a summons in person against signature will be expanded.

    “Under the new proposals, if they are adopted, either a police officer or a representative of the military registration and enlistment office will be able to serve the summons,” says Katerina Anishchenko.

    Previously, this issue was not regulated, the lawyer says. Currently, a summons is provided for in the presence of two authorized persons: a military registration and enlistment office employee and a police officer.

    It is also currently possible to serve subpoenas on employers, housing office employees, and chairmen of condominiums. But – only if there is a corresponding order from the head of the military registration and enlistment office.

    “The new changes propose that housing office employees, heads of condominiums and others also serve summons against a personal signature . This is proposed by amending the Law of Ukraine “On Local Self-Government” to ensure the attendance of persons of military age,” explains lawyer Riyako&Partners.

    The same draft law states that during war, restrictions on the constitutional rights of a citizen are permitted. But this is not some kind of novelty, the lawyer points out.

    “This is definitely not the norm that appeared recently. Back in 2016, a resolution of the Cabinet of Ministers was put into effect and is still in force, which says that in the event of martial law being introduced on the territory of Ukraine, it is allowed to restrict constitutional rights,” the specialist recalls .

    Let us remind you that the Commander-in-Chief of the Armed Forces of Ukraine Valery Zaluzhny responded to the new bill on mobilization . He noted that the General Staff and the Armed Forces of Ukraine did not make any representations to the Cabinet of Ministers or the Verkhovna Rada.

    Is additional mobilization needed and why, read the expert’s detailed explanation .

    Read urgent and important messages about Russia's war against Ukraine on the channel RBC-Ukraine on Telegram .

    www.rbc.ua

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