Whether the employer has the right to serve summonses: explanation of the Ministry of Defence
20 May 2024 14:04
According to the law on mobilisation, employers may serve a call-up notice on a person liable for military service. The Ministry of Defence spokesperson Dmytro Lazutkin said this in a weekly digest.
According to him, in accordance with the Procedure for Organising and Maintaining Military Records of Conscripts, Persons Liable for Military Service and Reservists, approved by a resolution of the Cabinet of Ministers, the following may serve a summons:
- representatives of executive bodies, village, town and city councils;
- employers, heads of enterprises, institutions and organisations.
In addition to serving summonses, they can also provide notifications and familiarisation with orders to appear at the TCC.
New procedure for serving notices
According to the Resolution of the Cabinet of Ministers of 17 May 2024 No. 560, the service of calls to reservists and persons liable for military service is carried out around the clock at the address of residence or the address of the declared/registered place of residence, work, study, in public places, public buildings and structures, crowded places, territorial recruitment and social support centres, at checkpoints (checkpoints), and checkpoints across the state border of Ukraine.
The following factors will be considered confirmation that a person liable for military service has received a call-up
- if the call was delivered in person, the person must confirm this with a signature. It is also envisaged to record the delivery of the summons, in particular, a video recording of the act of refusal to receive the summons, as well as a video recording of the reservist or person liable for military service refusing to communicate with the person authorised to deliver the summons;
- if the call is sent by post and the person is physically absent from the address specified in the TCC, the postal notice will inform that he or she has been notified by the military registration and enlistment office.
The summons is considered to be served:
- on the day of receipt of such mail by the person, which is confirmed by information and/or documents from the postal operator;
- on the day the postal message is marked with a refusal to receive the mail or on the day the person is marked as absent at the person’s place of residence.
The rule came into force on 18 May.
Who has the right to serve subpoenas
The following persons have the right to serve summonses:
- representatives of territorial recruitment and social support centres – within the administrative territory covered by the powers of the relevant territorial recruitment and social support centre;
- representatives of structural subdivisions of district and city state administrations (military administrations) – within the administrative territory covered by the powers of the respective district and city state administration (military administration);
- representatives of executive bodies of village, settlement, city, district councils in cities (if they are formed) – within the administrative boundaries of settlements and territories covered by the powers of the respective executive bodies of village, settlement, city, district councils in cities (if they are formed);
- representatives of enterprises, institutions, organisations – on the territory of enterprises (institutions, organisations) and in places where employees perform work (duties);
- representatives of the relevant unit of the intelligence agencies, the SSU Central Directorate or regional bodies (only reservists and persons liable for military service who are registered with the said bodies) – throughout the territory of Ukraine.
The appointment of representatives of territorial recruitment and social support centres, relevant units of intelligence agencies, the SSU Central Directorate or regional offices, structural units of district and city state administrations (military administrations), executive bodies of village, town, city, district councils (if established) and enterprises (institutions, organisations) authorised to serve summonses is carried out by an order of the relevant head, which is the basis for issuing a certificate of a person authorised to
