Can men be served with summonses through their relatives? A lawyer’s answer
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At the beginning of April, the Government allowed territorial recruitment and social support centers (military commissariats) to issue summonses to conscripts regardless of their place of registration. Soon, messages began to spread in social networks that military commissars can allegedly serve summonses through relatives of conscripts, if they live together. Such a statement was made by a lawyer of one of the TCCSP on the Odesa Channel 7 – and some mass media spread the information. “Ukrainian Pravda. Life” asked Andrii Novak, lawyer of the “Miller” law firm, whether the military commissariats can really send a summons through the relatives of conscripts. “It is not possible to serve summonses through relatives. This is not conveyed by any norm – neither by law nor by any other normative legal act. In the changes referred to by the lawyer in that interview and which were later circulated in various media, the issue is resolved only about the fact that military commissars can summon and notify conscripts, regardless of where they are on the military register,” Andrii Novak says. Read also: Will summonses be issued in “Diya” and what services will be available to conscripts? There have been no changes to the legislation regarding who and to whom can serve a summons, the lawyer adds. The resolution of the Cabinet of Ministers of April 7 allows territorial recruitment and social support centers to issue summonses to conscripts regardless of the place of military registration. However, this resolution does not resolve the issue of serving summonses to relatives. Read also: What threatens the Ukrainians who ignored the summons to clarify the data – lawyers A summons is a written document issued in the name of a specific person. It must be delivered exclusively in person – and the conscript must personally sign it or refuse to receive it. “It is not possible to transfer through relatives, because the signature of the conscript must be on the corresponding root of the summons. It is this root when the summons is served that is the document on the basis of which the TCC will determine whether the citizen is evading or not evading. If the relatives receive the summons and sign – where is the guarantee that these relatives will hand over the summons to the son, husband, father? If he does not come to the TCC within the specified period – who should be held responsible, the parents? And if the parents refuse – who should draw up the act of refusal? On the wife, on the relatives? “, Novak says. Therefore, no changes have taken place: delivery through relatives remains illegal and not provided for by the procedure. We will remind you that earlier we explained what changes the new introduction of the Cabinet of Ministers, whether summonses will be issued at checkpoints if the conscript is temporarily or transiting in another region, and which TCCSP should be visited in this case. Lawyers also speculated in which cases it is possible to refuse a summons to military service. And the ombudsman told who and how can serve summonses to potential fighters. Read also: The summons is not at the place of registration: what changes the new resolution of the Cabinet of Ministers and why you should not be afraid of military commissars
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