Who can serve subpoenas?
In short, this can be done by representatives of the CCC and the Joint Venture, state (military) administrations, local (city, village, settlement) councils, employers - but it is important that only in the territory to which their powers extend. Relatively speaking, the head of one settlement does not have the right to come and serve summons in another settlement. Similarly, if the summons is served by an employer, he can do this only on the territory of the institution or enterprise.
The legislation defines it as follows:
- representatives of the CCC and the SP - within the administrative territory covered by the authority of the relevant CCC and the SP;
- representatives of structural divisions of district and city state administrations (military administrations) - within the relevant administrative territories;
- representatives of executive bodies of village, settlement, city, district councils in cities (if they are formed) - within the administrative boundaries of the relevant settlements and territories;
- representatives of enterprises, institutions, organizations - on the territory of enterprises (institutions, organizations) and in places where employees perform work (duties);
- representatives of the relevant unit of intelligence agencies, the Central Directorate or regional bodies of the SBU (only for reservists and conscripts who are registered with the specified bodies) - throughout the territory of Ukraine.
What information should a summons contain?
The summons is formed using the Unified State Register of Conscripts, Military Conscripts and Reservists, or the summons form is filled out by a representative of the district (city) CCC and SP or its department.
The head of the district (city) CCC and SP or its department signs the summons with an electronic signature (ES) or personally by hand and seals it with a government seal.
The summons must state:
- surname, first name and patronymic, date of birth of the citizen to whom the summons is addressed;
- who issued the summons — the name of the CCC and the SP or its departments or the relevant unit of the intelligence agencies, the Central Directorate or the regional body of the SBU;
- purpose of the summons (type of summons: to clarify identification data, pass a medical examination, mobilization order);
- when to appear at the summons: place, day and time;
- date and signature (handwritten or electronic) of the official who issued (formed) the summons;
- registration number of the summons;
- information about the consequences of non-appearance and the obligation to report the reasons for non-appearance.
When a summons is deemed served
The summons can be received both in person and by mail.
If delivered in person, the recipient must sign it. Also, the process of delivery or refusal will be recorded on photo or video from July 17. This can be done by a representative of the CCC and SP or a police officer.
If the summons is sent by mail, the date of service will be:
- when the shipment is received;
- when the postal operator recorded a refusal to receive the shipment;
- when the postal operator recorded the absence of the addressee at the residential address indicated when clarifying the registration data in the CCC and SP, or at the declared address, if the military conscripts (reservists) do not update the data.
Can a summons be served early in the morning or late in the evening?
Yes. The Resolution of the Cabinet of Ministers states that a summons can be served to you 24/7 at your place of residence or address of your declared/registered place of residence, at your place of work, at your place of study, in public places, in places of mass gathering of people, in the Central Trade Center and the Joint Venture, at checkpoints (blockades), at checkpoints across the state border of Ukraine.
Do CCC representatives have the right to detain a person, take away personal belongings (for example, a phone), prevent communication with relatives, and confiscate a car?
No. Representatives of the CCC and the SP may invite a person to go or drive to the CCC to clarify their credentials. If a person refuses, clearly evades the draft, then the CCC employees may call the police or they may work together. A report of the violation may then be drawn up. The police may detain the person within the framework of administrative detention.
Is there responsibility for the escape from representatives of the CCC?
If the fugitive's identity is identified, such actions may be considered evasion of mobilization and obstruction of the work of representatives of the CCC and the Joint Forces.
Evasion is subject to administrative or criminal liability.
The heads of the CCC and the Joint Venture independently consider the administrative case and issue a resolution to bring to justice - a fine of up to 25.5 thousand UAH.
Such a decision can only be appealed in court by filing a lawsuit against the CCC.
Criminal liability may arise, for example, under Articles 336, 336-1, 337, 335 of the Criminal Code of Ukraine.
Often, this is Article 336 — evasion of military service during mobilization. It provides for a penalty of imprisonment for a term of 3 to 5 years. It is now observed that imprisonment is sometimes replaced by a probationary period of 6 months to 3 years.
Is it possible to pay a fine for an administrative offense to a CCC employee on the spot?
In accordance with the provisions of Article 307 of the Code of Administrative Offenses of Ukraine, the fine must be paid no later than 15 days from the date of delivery of the resolution imposing the fine.
You must be provided with official details and a resolution to pay the fine imposed, which you can pay in any convenient way for you, online or offline. Payment on the spot of the fine imposed to a CCC employee is not provided for by law.
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