TCRSS cannot detain without police, and police without TCRSS cannot serve summonses - mass media
TCRSS employees cannot detain citizens without the police and bring them to territorial recruitment centers. At the same time, the police cannot serve summonses without the TCRSS employees.
This is stated in the material of the Judicial and Legal Newspaper, Censor.NET reports.
For example, the new law on mobilization states that the TCRSS does not have the authority to detain and bring citizens to the TCRSS on its own. The police have such powers only in cases specified by the law. Conversely, the police cannot serve a summons on their own without a representative of the TCRSS.
The police may detain a citizen if conscripts, persons liable for military service, reservists violate the rules of military registration, violate the legislation on defense, mobilization training, and mobilization. In any case, a protocol must be drawn up in case of administrative detention.
"The location of a person detained for committing an administrative offense shall be immediately reported to his or her relatives, and at his or her request, also to the owner of the relevant enterprise, institution, organization or authorized body. ... Administrative detention may last no more than 3 hours," the publication writes.
Therefore, the list of persons who deliver to the TCRSS does not include TCRSS employees.
Powers of the TCRSS
Cabinet of Ministers Resolution No. 560 stipulates that heads of district or city TCRSSs apply to the police for administrative detention and delivery of persons to the MCC, and take measures together with police representatives to administratively detain and deliver to the TCRSS persons who refuse to receive summonses or violate the rules of military registration.
"What exactly is meant by 'taking measures' is not specified, but this does not mean that the TCRSS is thus authorized to carry out detention and delivery.
Powers of the police
A police officer may carry out administrative detention in case of refusal to receive a summons or in case of refusal to go to the district (city) TCRSS.
"Questions arise as to the compliance of the rules on delivery "to the nearest TCRSS" with the Cabinet of Ministers' Resolution No. 1487 of 30 December 2022, according to which the delivery of persons who have committed administrative offenses under Articles 210, 210-1 of the Code of Administrative Offences to draw up protocols takes place "to the relevant TCRSS where the person is (should be) registered for military service", the publication writes.
