Summons will be considered served even if citizen did not receive it in person - media
Even if the citizen is not at the address and has not received the summons in person, it will be considered served.
According to Censor.NET, this was reported by the Judicial and Legal Newspaper.
Thus, according to the publication, the day of putting a mark in the mail message about the impossibility of delivering the demand of the TCR (territorial centre for recruitment) at the address of the location, place of residence or stay of the person registered in accordance with the procedure established by law, unless the person has notified the TCR of another address, will be considered the day of delivery of the TCR's demand. After that, it will be possible to raise the issue of restricting the person's right to drive.
In addition, failure to specify military registration data will allow the head of the TCR to apply to the police for administrative detention and bringing such a citizen to the TCR, according to the new provisions of the draft law on mobilization.
It is noted that on April 4, the law on the digitalization of military registration came into force, which allows the state to see in the palm of its hand where a person works, temporarily resides, what address his or her car is registered to, etc. This data will be in the Register of Persons Liable for Military Service, and the TCR will have access to it.
"Draft Law 10449 in its final version supplements the law on mobilization preparation and mobilization with a new Article 27, 'Measures of influence.
According to it, if a citizen fails to fulfill the obligations stipulated by part 1 of Article 22 in the new version (failure to appear at the call of the TCR, failure to undergo a medical examination), part 3 of Article 22 (failure to provide the TCR with his military registration data within 60 days), and commits an administrative offense under Article 210-1 of the Code of Administrative Offenses (violation of the legislation on mobilization), the head of the territorial center for recruitment and social support applies to the bodies and units of the police system to carry out administrative detention and bring such a citizen to the TCR," the article says.
In case of receipt of a written response about the impossibility of administrative detention and bringing a citizen to the TCR, its head within 5 days from the date of receipt of such response sends to this citizen in paper form by means of postal communication by registered mail with acknowledgment of receipt to the address of his/her location, place of residence or stay, a request to perform a duty (duties) as a person liable for military service or a reservist (hereinafter - the request).
The publication notes that the day of service of the demand is:
- the day of service of the formal request against receipt by means of postal communication;
- the day of affixing in the mail message a mark of refusal to receive the formal request or a mark of impossibility of serving the formal request to the person for other reasons at the address of the person's location, residence or stay, as notified by the person to the TCR;
- the day of affixing a mark in the mail message on the refusal to receive the formal request or a mark on the impossibility of serving the formal request to the person for other reasons at the address of the person's location, residence or stay, registered in accordance with the procedure established by law, unless the person has notified the TCR of another address.
If a citizen fails to voluntarily fulfill the obligation(s) specified in the demand within 10 calendar days from the date of delivery of the formal request, the TCR shall apply to the court in accordance with the procedure established by law to temporarily restrict such citizen's right to drive a vehicle during mobilization for the period until the demand is fulfilled or withdrawn.
The transitional provisions stipulate that citizens of Ukraine who are registered for military service are obliged to clarify their residential addresses, communication numbers, e-mail addresses (if they have e-mail) and other personal data within 60 days from the date of entry into force of this Law:
- in the case of staying on the territory of Ukraine - by arriving independently to the TCR at the place of military registration or at his place of residence, or to the Administration Service Centre, or through the Electronic cabinet of a conscript, person liable for military service, reservist (if any);
- in case of staying abroad - by sending a message to the official e-mail address or official telephone number indicated on the official website of the TCR at the place of military registration or through the Electronic cabinet of a conscript, person liable for military service or reservist (if available).
"The draft law stipulates that conscripts, persons liable for military service and reservists must register for military service within 7 days of arrival at their new place of residence. In case of declaration of a person's place of residence on the basis of a declaration of residence submitted electronically through the Unified State Web Portal of Electronic Services, military registration of conscripts, persons liable for military service and reservists is carried out by the relevant district (city) TCRs on the basis of information about conscripts, persons liable for military service and reservists in electronic form sent by the registration authorities through the Unified Information System of the Ministry of Internal Affairs to the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists.
During the legal regime of martial law, conscripts, persons liable for military service and reservists who have left or abandoned their place of residence are obliged to register for military service with the TCR at the place of registration of the internally displaced person within seven days from the date of registration of the internally displaced person.
Failure to fulfill such obligations, including failure to specify their data, as follows from the draft law, allows the head of the TCR to apply to the police for administrative detention and delivery of such a citizen to the TCR, and subsequently to the court for restriction of the right to drive a car," the article says.
