General mobilization: is it legal to issue subpoenas near the metro

24 January 2023, 14:00 | Ukraine
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Due to the full-scale invasion of the Russian Federation in Ukraine, martial law and general mobilization were declared. Some citizens of draft age independently arrived at the territorial recruitment and social support centers (TCC and SP), others - as a result of receiving a summons to appear on a call.

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Vladislav Zaytsev, a lawyer assistant of ARES Law Firm JSC, a member of the Council of the Ukrainian Bar Association Committee on Migration Law, a volunteer lawyer of the UBA Hotline on issues related to military aggression, its consequences and martial law, in an exclusive commentary to ZN. UA spoke about the procedure for serving subpoenas, in particular, who and where can serve them and what should be indicated in them.

“Firstly, the legislation does not define the places where the summons should be served. It follows from this that the relevant persons have the right to serve summonses anywhere - at the workplace, in the subway, in the park, at roadblocks.

Secondly, as a general rule, officials of the TCC and the joint venture are responsible for serving the subpoenas.. At the same time, subpoenas can also be served through the relevant local authorities, heads of enterprises, institutions, organizations, including educational institutions, regardless of subordination and form of ownership.. To do this, the head of the TCC and the joint venture issues an order, which is sent to the relevant body along with the agenda forms.. Therefore, cases of service of subpoenas by police officers and representatives of territorial defense are illegal..

Thirdly, the agenda must contain the following information:.

Name and place of residence of a citizen;

Indication of the time and date of arrival at the TCC and SP;

Name and location of the TCC and the joint venture where the citizen should arrive;

Signature and seal of the leaders of the TCC and JV.

Also, a mandatory component is the spine of the agenda, where the citizen must put his signature that he was warned about the day and time of his appearance at the TCC and the joint venture and about responsibility in case of failure to appear.



Fourthly, the delivery of the summons is mandatory carried out personally to the citizen and under his personal signature.. Therefore, leaving subpoenas at the door, in mailboxes or phone calls to citizens about calling them to the TCC and the joint venture is not the proper delivery of the subpoena..

You can contact the Hotline by phone: 0800335818. Calls are accepted on weekdays from 9:00 to 18:00.

There are different types of summonses in Ukraine, and their delivery does not always mean a call to service. Recall how they differ and what they serve.




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