You need to understand all the risks: the lawyer explained how to properly refuse a subpoena

General mobilization is underway in Ukraine, and all citizens of military age receive summonses, after which they are sent to undergo a medical examination. It is here that the commission will decide whether a person is fit for military service.

However, some categories of those liable for military service have the right to legally refuse to receive a summons, writes RBC-Ukraine. Commented on this question lawyer of the military law practice of the law firm “Prikhodko and Partners” Tatyana Kozyan.

“This scenario is possible and quite legal in some cases, but you should understand all the risks and the fact that it is impossible to refuse to receive a summons without objective reasons,” — she noted and added that people should have specific and valid reasons, including:

• if the document contains incorrect information about the recipient (the subpoena may be addressed to someone else);

• the summons is served by an unauthorized person;

• there is no seal/signature of the commissioner of the TCC and SP.

Thus, if you notice objective errors when delivering the summons, you have the opportunity to refuse to sign it, the specialist says. In this case, the TCC and SP employee must draw up an act of refusal to receive the subpoena in the presence of witnesses.

However, remember that a minor error in the summons is not a valid reason for refusal to receive it or failure to arrive at the TCC and SP in the understanding of the requirements of the law, and in case of failure to appear at the specified time, administrative liability arises, which includes the payment of a fine, and if there are appropriate grounds, it may result and criminal liability. Consequently, one should proceed from the content and general awareness of the challenge itself in the TCC and the joint venture,” - notes Tatyana Kozyan.

She notes: as publications in the media testify, if a person liable for military service refuses to accept a summons in wartime, “negative tendencies of representatives of the TCC and SP can be traced to apply not entirely legal and repressive measures against such persons.”

“After recording your refusal to receive the summons and drawing up a report, the case is transferred to the heads of the TCC and SP, who as a result may impose a fine for violating the rules of military registration,” - says the lawyer.

The fine can be appealed in court, where TCC and SP will prove that you violated the accounting rules, that is, responsibility comes precisely for violating the rules, and not for the fact that you refused the summons, she adds.

Let us recall that Sergei Rakhmanin, a member of the Parliamentary Committee on National Security, Defense and Intelligence, noted that the specifics of conducting combat operations using modern methods provide for the need to update army personnel with young military personnel.

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