The summons is not at the place of residence: what changes the new resolution of the Cabinet of Ministers and why you should not be afraid of military commissars

On April 7, the Cabinet of Ministers allowed territorial recruitment and social support centers (military commissariats) to issue summonses to conscripts regardless of the place of military registration. In social networks, Ukrainians were interested in whether summonses will be issued at roadblocks if the conscript is temporarily or transiting in another region? In this case, which TCCSP should I go to? “Ukrainian Truth. Life” was helped to understand this topic by Yevgenia Ryabek, a lawyer and the head of the volunteer movement “Lawyers of the ZSU”, as well as Andriy Novak, a lawyer at the “Miller” law firm. ❗️ Important: Protection of the Motherland, independence and territorial integrity of Ukraine, respect for its state symbols is the duty of citizens of Ukraine (Article 65 of the Constitution of Ukraine). Citizens are also obliged to appear on summons at the territorial recruitment and social support center for military registration (Article 22 of the Law “On Mobilization Training and Mobilization”). What happened? On April 7, 2023, the Cabinet of Ministers adopted Resolution No. 318, which amends the 11th paragraph of Clause 9 “Regulations on Territorial Recruitment and Social Support Centers”. In the new edition, it is stated that the TCCSP conducts notification and conscription measures for citizens (except conscripts and reservists of the SBU and the Foreign Intelligence Service): for military service by conscription of officers; for military service by conscription of reservists in a special period (enrolled in the military operational reserve); for military service upon conscription during mobilization, for a special period (regardless of their place of stay on the military record)”. Previously, there was no last amendment. What is changing? TCCSP can serve summonses to conscripts in other regions, not only where they are registered. Lawyer Andriy Novak believes that this refers to cases where the TCC establishes that a person permanently resides in a region different from the place of registration. “If the TCC found out where you live, but you did not register with them – then can serve a summons based on the actual place of residence,” says Novak. This may also apply to conscripts who did not notify the TCCSP of a change of residence (for example, a business trip) within seven days. “Citizens must understand that accounting is an obligation a man of military age, a citizen of Ukraine. In each region, village or town, a person must go to the military commissariat and be registered. If a person’s business trip or stay in another region exceeds 7 days, he must notify the military commissariat about the change of place of stay. For example, to come and say “I will be here for 10 days on a business trip. Mark that I am registered here,” says Yevgenia Ryabeka. Internally displaced persons are also required to register as IDPs and register with the TCCSP. Read also: Military registration 2023: what has changed and will summonses be issued in “Diya”? Which military commissariat will I need to go to? Currently, the algorithm is not clearly written. The law does not prohibit entering the collection center from the locality where the document will be handed to the person in the summons. “We have not yet seen the practice of writing. And, unfortunately, these changes today do not contain specifics. That is, we do not see a specific algorithm of actions that the person and the picking center should do,” says Yevgenia Ryabeka. The lawyer assumes that the conscript must appear at the TCCSP at his place of stay in order to be registered. “At the same time, we understand that a person must have a certain list of documents with him – a military card or a registration card. This military card can be located at the place of residence or registration. In this case, it is logical that a person receives a summons on the spot, but the military commissary can be indicated at her place of residence,” says the lawyer. What to do if you are already registered, and you are issued a summons to another military commission? And if you are in another region on the way? Let’s imagine the situation: you live in Kyiv and are registered with the Shevchenkiv TCKSP. When you go on a business trip to Lutsk for a few days, you are stopped at one of the checkpoints in Zhytomyr and they want to hand you a summons. What shall I do? Do you have to go to one of Zhytomyr’s military commissariats to register there? No. “If you are staying there temporarily, transiting, on a business trip, visiting relatives, you should inform this and explain that you do not have an obligation to register in this particular region, district, city. Therefore, the requirement to appear at the new TCC is not meets the requirements of the law,” says Novak. If such a situation really happens, first of all, it is worth showing a military registration document – a military ID card, a prescriptive, temporary ID card. Such a document indicates the military commissary where the person is registered. In your case, it is the Shevchenkiv TCCSP. If you are passing through Zhytomyr, you do not have to register there. Photo: Yuzhnoukrainian City Executive Committee “I can make an assumption. If a person is issued a summons at a checkpoint when he is going somewhere, this will not be a violation of the law. But a person must take care of himself in advance. If he goes on a business trip, there are certain documents that prove it , in which the term of the business trip is indicated,” says Yevgenia. Conscripts should have a full set of documents with them: military ID, registration card, business trip document, etc. You need to show them to the one who serves the summons, and explain that you will arrive at the TCCSP upon your return. “The summons requires you to come to the Military Commissariat and be registered. If a person is registered, there are no questions. If a man has a military ID with him, where there is a seal, where it is noted that he is registered with the Military Commissariat, a second summons will not be issued.” – explains Evgeniya Ryabek. At the same time, you may be issued a summons to pass a military medical commission (MMC). However, the medical board is held at the place of registration of the person (in your case – in the capital medical facility at the Shevchenkiv TCKSP). “You show your military ID. The authorized person sees that the Shevchenkiv TCKSP is there. They can issue you a summons and, if you return from a business trip on April 27, they can note that you need to pass the VLK on the 28th,” says Yevgenia. Already after the medical examination, if the person is fit for service and there is a conclusion of the VLK, the conscript can be issued a mobilization order. Such “subpoenas” are definitely not handed out at checkpoints, the ZSU lawyer emphasizes. This may be a requirement to go to training bases for training, after which the conscript may be appointed to a certain position. At the same time, the training of a fighter depends on his experience. “Untrained conscripts, without experience of military service or training at training sessions, are sent for training. They study in specialized centers (training grounds), at retraining and advanced training courses at VVNIZ (reserve officers). Conscripts with experience military service or participated in training sessions earlier, can be sent immediately to military units,” says Yevheniya Ryabeka. If a man does not have a military ticket with him, can he be served with a summons? Yes, they can. “A person will take this summons, come to the military commissariat, say, ‘I have already been registered with you.’ At the same time, military commissariats must have a single database containing data on conscripts – this was foreseen by the new order of military registration from December 30, 2022. However, it is currently unknown whether this database is fully operational, the lawyer notes. Read also: What are the requirements for the health of mobilized in different types of troops? Infographic Is it illegal to fill out subpoenas on the spot (on the street or at a roadblock)? Andrii Novak believes that issuing and filling out blank summonses on the street or at a checkpoint does not comply with the established procedure. He also explains that only the head of the TCCSP can issue summonses. However, the head of the TCCSP can be at the place of delivery, have a summons with a signature and seal with him. In this case, filling in the conscript’s data on the spot is not against the law, says Yevgenia Ryabeka. “It will, of course, be illegal to issue a subpoena without a signature and a stamp. But if the conscript dictates his data, what prevents the person issuing the subpoena from filling it out? There is no rule that the subpoena must be filled out only at the military office,” he says. ZSU lawyer. Therefore, the summons must have the signature of the military commissar and the seal of the TCKSP. This document must be delivered by an authorized person. But the full name or your date of birth can be filled in from your passport, says the lawyer. In general, according to the new order of military accounting, the summons must contain: the name “SUMMON”; Full name of conscript; the address of the place of registration or the place of actual residence of the conscript; number of the summons; number and date of the order of the TCCSP on the necessity of the appearance of a conscript; the date, time and address of the TCCSP for the appearance of a conscript; job title and initials (initial of own name) and surname of the head of the TCCSP who issued the summons; signature of the head of the TCCSP, who issued the summons; the date of issuance of the summons; wet seal of the TCCSP, whose official issued the summons. Why should you not be afraid of issuing subpoenas in other areas? Protection against “mass” issuance of subpoenas is registration where you live or stay. “The best defense is to make sure that they don’t run after you, to have all the documents. The same if you go to the VLK. We, as lawyers of the Armed Forces of Ukraine, were often approached with reports of violations, but when we looked into it, it turned out that the violations it’s just that the person didn’t provide copies of all the documents. For example, about the state of health or the composition of the family,” says Yevgenia. According to the lawyer, TCKSP and VLK cannot guess that a conscript has a deferment from mobilization or a “white ticket”. “When going to the military commissariat or going on a business trip, you need to take a set of relevant documents with you, certify copies, have them with you, get registered – and there will be no questions,” emphasizes Yevgenia Ryabek. At the same time, the lawyer emphasizes that registration does not mean immediate sending to the training center and to the front line. A country must understand how many fighters it has, which of them are fit, partially fit, or unfit for service at all. “I believe that the new norm is appropriate, because the country needs a record of conscripts. Ordering, recording of persons, even issuing summons to everyone is absolutely logical, especially during martial law,” adds the lawyer of the Armed Forces. Read also: How to get into the war



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