Can the CCC mobilize without the police? Lawyers explain the legal aspects
5 February 2025 20:56
ANALYSIS
Every day, videos appear of officers of the MCC and JV forcibly dragging young and not-so-young men who resist into cars, which makes us wonder whether they have the right to do so. Recently, Larysa Kozak, deputy head of the RTC and JV in Kyiv, explaining the principle of her colleagues’ work, claimed that the police have no right to mobilize conscripts without the RTC, while the RTC can mobilize citizens without the police. However, lawyers argue that this is a fantasy of the TCC employees, who are trying to make wishful thinking. And, as lawyer Roman Simuty notes, TCC and JV employees allow themselves what they have no right to do, "Komersant Ukrainian" reports
Do TCC and JV employees have the right to check citizens’ documents in public places?
They do, if they have the authority – an order from the head of the TCC, which gives them the right to check military registration documents. However, since they usually work as part of a notification group, the document must specify the composition of the group, the route and the place of work of the group. In addition, they have the right to demand a citizen’s passport and military registration documents. In addition, according to the new law on mobilization, employees of the TCC have the right to serve calls in any place where a person liable for military service is located.
Do TCC and JV employees have the right to detain citizens?
The law does not allow CCC employees to detain citizens on the street or in public places. The use of force by persons liable for military service against civilians is not provided for by law. There is a provision in the Administrative Code that states that if a citizen is maliciously disobeying, only a police officer has the right to detain him or her under the administrative detention protocol and even use force, use special means, but not a person liable for military service. Moreover, the police must draw up a report and send it to the court, which must verify whether the employees of the MCC acted in accordance with the procedure established by law when detaining the person liable for military service and whether their demands and orders were lawful. The practice of court cases on malicious disobedience to the lawful demands of police officers is extensive, and it is not in their favor. Today, a “busified” citizen is actually deprived of his or her liberty and cannot prove that illegal actions were taken against him or her by the TCC.
Therefore, administrative detention and delivery to the TCC can only be carried out by the police as part of a notification group. If there is no police in the group, TCC employees do not have the right to carry out detention and delivery to the TCC on their own. If this happens, it is a violation of the law.
Do TCC and JV employees have the right to use force, beat a citizen if he or she has insulted them, made an indecent gesture, etc
If TCC and JV employees are insulted or threatened, they have no right to use force. They have to endure everything, and if they don’t like it, they can file a complaint with the police, who have to figure out whether the citizen’s actions fall under criminal liability: petty hooliganism or malicious hooliganism. But here we need to understand that if the citizen was subjected to unlawful actions by the employees of the shopping mall, there are no grounds to bring them to justice. There are different situations.
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Do the employees of the SCC and JV have the right to stop vehicles or enter private territory or households?
No, they do not. Only the police can stop a vehicle. But no one, neither the police nor representatives of the TCC, has the right to enter private territory, especially residential premises, without the owner’s permission. If they enter without a court order, it is considered an illegal entry.
Do the employees of the TCC and JV need to give permission to use weapons against an attacker?
This should never be done. If they are allowed to use weapons, they will be able to shoot at civilians without hindrance. Conscripts must use force and shoot at enemies. They have no right to shoot at Ukrainian citizens. Only the police have the right to use force and weapons. And the police are learning by heart Article 46 of the law on the use of weapons of the National Police and are constantly forced to repeat in which cases they have the right to use weapons. And if you imagine that TCC employees are allowed to use weapons, they would cause a lot of trouble.
But there are still points that TCC employees do not fulfill, despite the ban. They have no right to:
- take away personal belongings of persons liable for military service (phones, etc.), except for weapons and other items that can be used to commit a crime;
- prohibit a person from communicating with other persons, relatives and friends, a lawyer, including the transfer of things from these persons and any type of public communication;
- violate human rights.
Author: Alla Dunina
