There is a proposal to serve TCC summonses under new rules: the Rada wants to repeal the controversial provision on postal notifications
10 July 16:46
ANALYSIS
Bill No. 15387 has been registered in the Verkhovna Rada, which could change the procedure for serving notices from territorial recruitment and social support centers (TRSCs and SSCs). The bill proposes repealing the current provision under which a person may be deemed to have received a summons even if they did not actually see it. The authors of the legislative initiative explain that the changes are intended to prevent situations where citizens face legal liability for failing to comply with a summons they may not even have been aware of, according to "Komersant Ukrainian".
What exactly they want to change
Currently, the law allows a TCC demand to be considered served even when a postal item is returned with a “could not be delivered” notation. In practice, this means that a person may not receive the letter in person, but the document will still be legally valid.
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It is precisely this provision that the authors of the bill propose to revise. They want to eliminate the automatic recognition of a demand as delivered based solely on a postal mark. In their view, the fact of delivery must be properly confirmed and not based solely on the postal operator’s official mark.
The date of service will be considered the date the claim was actually received by the citizen against a personal signature. Another scenario is if a person knowingly refused to accept the document. At the same time, the very fact of refusal will also need to be proven. To this end, according to the draft law, additional evidence must be available—a properly executed refusal statement signed by at least two independent witnesses, or a video recording documenting the citizen’s refusal to accept the demand. Thus, the authors of the bill propose introducing a clearer mechanism for confirming delivery in order to avoid disputes and differing interpretations of the law.
Why the Need for Changes
The explanatory notes to the bill state that current legislation creates a risk of violating citizens’ rights. If a postal notice is returned with a note such as “not delivered for other reasons,” a person may not even be aware of the existence of the demand, yet this does not exempt them from potential legal consequences.
That is why lawmakers are proposing to establish a rule under which enforcement measures may be applied only when there is confirmation that the citizen has actually received the document or knowingly refused to accept it. The bill also proposes that enforcement measures not be applied to citizens in cases where they did not actually receive the notice from the territorial recruitment and social support center.
In addition to the procedure for serving notices, the bill contains another important proposal. It concerns citizens who refuse to perform military service during mobilization due to religious or personal convictions. Currently, the law stipulates that if a person fails to fulfill the obligations imposed on them within ten calendar days after the summons is served, the Territorial Recruitment and Social Support Center may apply to a court to temporarily restrict the person’s right to operate motor vehicles until the summons is fulfilled or revoked.
The authors of the bill propose making an exception for those citizens who officially notify the TCC of their refusal to perform military service specifically due to religious or personal convictions and, at the same time, confirm their willingness to perform other tasks necessary for the defense of the state, within the framework of alternative (non-military) service.
The bill stipulates that such a notification may be submitted in paper form through an administrative services center, sent by certified mail, or submitted to the official email address of the TCC and the SP using a qualified electronic signature or a photocopy of a document bearing a handwritten signature. If these conditions are met, as proposed by the bill’s authors, the temporary restriction on the right to drive vehicles should not be applied or, if it has already been imposed, should be lifted.
It is worth noting that Bill No. 15387 has so far only been registered with the Verkhovna Rada. The document must still be reviewed by parliamentary committees, brought to the plenary session, and receive the necessary number of votes from members of parliament, after which it must be signed by the president. Only after
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