Is it possible to refuse a summonse received by mail: a lawyer's answer

In Ukraine, summonses to conscript men will begin to be sent by mail from July 18. This will happen when the 60-day period for clarifying military registration data expires.

The Cabinet of Ministers Resolution No. 560 stipulates that the summons will be considered confirmed if the person is absent from the residence address or if there is a refusal to receive it. At the same time, a signature under the summons is not required, as the addressee will be considered notified of delivery.

The procedure for refusing to receive a subpoena is prescribed by the Cabinet of Ministers resolution. For this, it is necessary to draw up a so-called act of refusal. It must be signed by at least two members of the notification group and handed over to the head of the Territorial center for recruitment in order to bring the offender to administrative responsibility.

Also read: Mobilization in a new way: how those who did not update the data and did not pay the fine will be punished

If a conscript refuses to receive a summons, a policeman from the notification group will detain the violator and deliver it to the Territorial center for recruitment - on the basis of Articles 261 and 262 of the Code of Ukraine on Administrative Offenses.

Men who have received a summons in the mail will now have a harder time ignoring it.

• Refusal to sign: previously, for the summons to be considered served, the husband had to sign for receiving it. Now the signature is not mandatory. If you do not want to sign the subpoena, this does not relieve you of responsibility.
• Recording of delivery: representatives of the Territorial center for recruitment and social support or policemen who deliver the summons are obliged to take a photo or video recording of this process.

There are several types of subpoenas that summon men to the Territorial center for recruitment and social support:

• for military registration;
• to pass the military medical commission (MMC);
• to clarify account data;
• for military service.

The summons must specify the purpose for which the conscript is summoned.

What to do if you received a summons in the mail:

1. Find out the purpose of the summons: read the summons to find out for what purpose you are summoned to the Territorial center for recruitment and social support.
2. Appear on a subpoena: Do not ignore a subpoena. Failure to appear without a valid reason may lead to administrative liability.
3. Take the necessary documents with you: depending on the purpose of the call, you may need the following documents: passport, military ID, health certificate, etc.

Lawyer Roman Ukhov noted in a comment to "Suspilne" that a conscript does not have the right to refuse to receive a summons if it is served legally.

Roman Ukhov emphasizes: The Law on Mobilization does not provide for any exceptions for persons who are not subject to conscription for military service due to age. That is, even men under the age of 25 who have not completed military service are required to appear on a summons.

We offer to find out who has lost the right to postponement of mobilization due to the new law.

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