While the fight against the aggressor is going on, the rules of general mobilization of the population are in force in Ukraine, when any person liable for military service can be called up for service in the Armed Forces of Ukraine.
At the same time, as in any mass event, mistakes and misunderstandings are possible.
Therefore, Hromadske decided to turn to lawyers for clarification of some topical issues.
Who is called first?
According to the presidential decree, general mobilization is underway in Ukraine - any person liable for military service can be called up for service.
“In practice, recruitment centers are now mobilizing everyone who meets the criteria of age, health and there is no reason for a delay. Can serve a summons and mobilize any healthy male between the ages of 18 and 60 who does not have the right to deferment or documents confirming this right, ” - explained the manager of the law firm PwC Legal Artyom Krikun-Trush.
So that without combat experience they can send me to the front line?
No one can be sent to the combat zone without preparation - according to article 29 of the law “On military duty and military service”, those liable for military service and reservists must pass a training, verification and special meeting. The order of the Ministry of Defense also obliges the commanders of military units to ensure “high-quality training of reservists and those liable for military service and the completeness of their passage of the training program.” However, now, because of the war, training is carried out in a shorter time - from 7 to 20 days.
Can I cancel the agenda?
For violation of the rules of military registration, administrative liability is provided - a fine from 850 to 1700 hryvnias (Article 210 of the Code of Administrative Offenses), and if an act is drawn up, then the head of the recruitment center, who can collect a fine, will further consider the case. However, you have the right to appeal this decision in the local court - the courts have already canceled fines if they were issued in violation.
In court, the acquisition center will prove that you have violated the accounting rules: it is for this, and not for refusing the summons, that a fine is provided. There is no penalty for refusing.
Is it legal to serve a summons for offenses (for example, for traffic violations)?
Such actions of law enforcement officers are considered illegal.
What if the representatives of the recruiting centers serve summons together with the police?
In this case, you should call another police squad and fix the fact of violation of the law.
“If police representatives take part in any actions, this does not mean that these actions are absolutely legal and comply with applicable standards,” - explained the lawyer of the law firm “Miller” Yuri Melnik.
Recall that recently the Council supported the expansion of the list of persons not subject to conscription during mobilization.
Source: Fakty
