Media: New law on mobilisation does not specify whether summonses should be in paper or electronic form
According to Censor.NET, this was reported by the Judicial and Legal Newspaper.
The publication writes that the law on mobilisation does not contain any rules on whether these summonses should be in paper or electronic form, from what moment they are considered to be served/delivered, etc.
"Article 22 stipulates that persons liable for military service are obliged to clarify their credentials within 60 days from the date of entry into force of the decree of the President of Ukraine on the announcement of mobilisation approved by the Verkhovna Rada, through the ASC or the electronic cabinet of a conscript, person liable for military service, reservist, or at their place of residence or location. If a citizen receives a summons to appear at a TCR, he or she is obliged to come to the place and time specified in the summons.
At the same time, it is determined that the summons to the TCR shall contain, in addition to the name and date of birth of the citizen to whom the summons is addressed, the purpose of the summons to the TCR, etc., also "the signature (electronic digital signature) of the official who issued (formed) the summons". Further, it is stated that "when delivering the summons, the TCR, at the request of the citizen to whom the summons is delivered, must state their surnames, first and patronymic names, positions, and present their official IDs".
Thus, on the one hand, it means that the summons may contain the signature of a TCR official in electronic form, and the summons itself as a document may be "generated" (i.e., created in digital form), on the other hand, it means the physical delivery of such a summons," the article says.
The newspaper notes that the law on mobilisation actually places the regulation of the procedure for serving summonses in the hands of the Cabinet of Ministers.
"The new law stipulates that the Cabinet of Ministers will separately regulate the procedure for notifying persons liable for military service and reservists, their arrival at the military registration and enlistment offices, military units of the Armed Forces, etc. In addition, the Government will establish in this document a procedure for checking citizens' military records, clarifying personal data of persons liable for military service and reservists and making appropriate changes to military records.
Thus, the law does not give a direct answer to the question of whether a summons can be served electronically - it does not provide for such a procedure or prohibit its introduction by the Cabinet of Ministers," the authors added.
