A summons has arrived: what to do if a person liable for military service is abroad

09 February 2023, 10:07 | Ukraine 
фото с Зеркало недели

General mobilization and martial law continue in Ukraine, which were introduced due to the military aggression of the Russian Federation. Men from 18 to 60 years old are sent subpoenas and mobilized for military service. Lawyer and lawyer of Ario Law Firm Nadezhda Grishchenko told the ICTV Facts publication what to do if a summons arrives and the man is abroad.

She stressed that there are certain rules for serving and receiving subpoenas..

“The summons is handed over personally to the person called to the military registration and enlistment office. Therefore, if a person is abroad, no one except himself will be able to receive a summons,” Grishchenko said..

After receiving the summons, the person liable for military service must familiarize himself with the document and put a signature, which confirms that the person has received the summons and is obliged to come to the military enlistment office at the specified time.

Accordingly, if a person is abroad, he physically cannot receive a summons and sign the document.

“For receiving a summons, a person liable for military service signs the receipt (stub to the summons) and fills in the date when he received such a summons,” the expert emphasized..

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Grishchenko noted that if a person is abroad, he will not receive a summons. She also said that in foreign diplomatic institutions they do not serve subpoenas..

If a person liable for military service legally crossed the border and informed the military registration and enlistment office about his move, then there should be no problems with serving summons. After all, the military registration and enlistment office will have data that a person went abroad for permanent residence.

If the summons was issued to one of the relatives of the person liable for military service, they must explain that the person is abroad and will not be able to return. The summons must be handed over personally under the signature of the person liable for military service, it cannot be transmitted through family members, relatives or friends.

“Since the man is abroad and cannot accept the summons himself, he has no obligation to come to the military registration and enlistment office,” the lawyer summed up..

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What are the rules for serving subpoenas?.

Legislation does not define a clear procedure for serving subpoenas. In fact, it can be handed over in person anywhere: on the street, at a checkpoint, at a workplace or at a place of residence.

Subpoenas are prepared only by TCC and JV employees. And only officials of territorial recruitment and social support centers should hand them over.

If a person refuses to receive a summons, an act of refusal is drawn up with the signatures of authorized persons, witnesses and handed over to a person liable for military service under the signature.

Earlier we wrote what summonses are handed out in Ukraine and whether they all mean conscription for military service.

Источник: Зеркало недели