Current Liability for Failure to Appear on Summons: Administrative and Criminal Penalties Explained

What is the current liability for failure to appear on a summons?

The Cabinet of Ministers of Ukraine, by Resolution No. 1487 “On approval of the Procedure for organizing and maintaining military records of conscripts, military personnel and reservists,” unified the form of the summons, and also provided in detail the procedure for the delivery of summons by the employer to its employees, notes Anton Marynich.

“This resolution is an integral part of the defense legislation of Ukraine and establishes the rules of military registration not only for enterprises, institutions, organizations, but also for citizens,” explains the specialist.

Regardless of whether a subpoena has been served or not, the following duties exist:

If the summons has been served, then Attendance at TCC and SP is mandatory.

Since the rules of military registration are an integral part of defense legislation, the following liability is provided for their violation:

Administrativethat is fine in the amount of 3400 to 5100 UAH, provided for in Article 210-1 of the Code of Ukraine on Administrative Offences, namely “Violations of the legislation on defense, mobilization preparation and mobilization”. Part 2 of this article applies, since martial law is a special period.

Photo: After receiving the summons, you must appear at the TCC (Vitaly Nosach/RBC-Ukraine)

Criminal: imprisonment for a term of 3 to 5 years, which is provided for in Article 336 of the Criminal Code of Ukraine “Evasion of conscription for military service during mobilization.”

“Basically, the criterion for distinguishing between administrative and criminal liability is the completion of military training,” adds the Nota Group lawyer.

If a person liable for military service is declared fit for military service based on the results of passing the military training camp and subsequently ignores the mobilization order (combat order/dispatch order), then a penalty may be applied to him. criminal liability.

In addition, even without passing the VLK and systematically ignoring the appearance at the TCC and SP for received summonses, the military registration and enlistment office has the right to contact law enforcement agencies for the purpose of entering information about a criminal offense. The form of such a message is provided for by Resolution of the Cabinet of Ministers No. 1487 “On approval of the Procedure for organizing and maintaining military records of conscripts, those liable for military service and reservists.”

What will change if deputies vote for the bill?

As for Bill No. 10449, then, in essence, responsibility does not change but it is proposed to expand the powers of the TCC and the joint venture, says Anton Marinich.

“A new feature of the project is the possibility of applying TCC and SP to citizens “measures of influence” through the courts”he explains.

It is proposed to give the TCC the authority to go to court regarding application of such measures of influence:

Such enforcement measures will be applied by decision of local general courts as administrative courts, which have jurisdiction over administrative cases at the request of the TCC.

“The initiators of the bill ignore the fact that today the state has sufficient means to influence citizens in the event of failure to comply with the legal demands of a representative of a government body, including the TCC,” says Anton Marinich.

Summing up, he notes that this is already the second bill from the Cabinet of Ministers of Ukraine, but still it contains a number of shortcomings, conflicts and inconsistencies between the norms and requires significant improvement for the second reading.

2024-02-20 12:17:43


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