Delivery of the summons not at the place of registration: does it have legal force

28 March 2023, 09:59 | Ukraine 
фото с Зеркало недели

General mobilization and martial law continue in Ukraine, which were introduced due to the military invasion of Russia. Men liable for military service between the ages of 18 and 60 are subject to mobilization. They can get subpoenas in public places. Rostislav Nebelsky, a lawyer at Arzinger, told NV whether the summons is legally valid if it was not handed in at the place of registration of a person liable for military service.

Nebelsky noted that the summons should indicate where the person should appear.

“If a summons was served in Kiev, and a person is registered in another region, and there is his personal file, then in this case, simply technically, he will not be able to go through these procedures in Kiev, where there are no his documents, including medical ones,”? he said.

According to the expert, the issuance of such summonses raises the question of the authority. That is, does the Kiev TCC have the authority to send a person to go through any actions outside the city. It casts doubt on such agendas.

“Because of such shortcomings, the body that will decide the issue of a person’s responsibility may question the legal force of such a summons,”? he summed up.

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Lawyer Irina Leonova on the B2B Consult platform explained that they should not serve a summons from the TCC, to which the person is not assigned.

“Serving a summons outside the place of residence is illegal, since the registration of persons liable for military service is carried out at the place of registration. If this happens, then you should explain why you are in this or that place, inform that you are registered in another locality, ”she said.

Leonova explained that if the summons is served anyway, you can insist on drawing up an act of refusing to receive it..

“At the same time, it should also be taken into account that representatives of the TCC do not have the right to send for any actions to recruitment centers in another region, but they can send social support to the territorial recruitment center to clarify military credentials at the location on the register, if.

Earlier we wrote whether they can serve a subpoena to a migrant during the check of his place of residence.

Источник: Зеркало недели