Citizens’ Rights and Mobilization: Why Are New Rules Being Proposed for the TCC?
13 March 15:56
A bill has been registered in the Verkhovna Rada that proposes changes to the rules for verifying military registration documents and the procedure for detaining individuals wanted by the authorities during mobilization.
This refers to BillNo. 15076, submitted by Serhiy Hryvko, a member of parliament from the Servant of the People faction, according to "Komersant Ukrainian".
What the bill proposes
The document provides for amendments to the Law on Mobilization Preparation and Mobilization.
Specifically, it proposes adding a new article that would regulate:
- the procedure for verifying military registration documents;
- the delivery of summonses;
- cooperation between the police and territorial recruitment centers.
The bill also sets limits on the use of force during such inspections.
Restrictions for TCCs and the police
The document states that representatives of Territorial Recruitment and Social Support Centers and police officers are not permitted to use physical force or special equipment without justification during document checks or the delivery of summonses.
At the same time, the police must respond to any unlawful actions regardless of who commits them.
What to do with people who are wanted
The bill provides for a separate procedure for individuals who are wanted.
If such a person is identified, they must be:
- be served with a summons;
- be required to appear at the TCC no later than three days after receiving the summons.
If they refuse to accept the summons, a fine is proposed.
When detention is possible
If a person fails to appear at the TCC within the specified time:
- administrative proceedings may be initiated against them;
- the head of the TCC may request the police to administratively detain the person and bring them to the recruitment center.
The police may apply such measures only in accordance with the procedure established by law.
When detention is proposed to be prohibited
The document also provides for restrictions.
Administrative detention is not permitted if:
- there is no report of an administrative offense;
- there is no order to bring the person to administrative liability;
- there is no record of the person’s liability in the state registry of persons subject to military service.
In such cases, the proposal is to explicitly prohibit the detention of the person.
Why the initiative was proposed
The author of the bill, Serhiy Hryvko, explains that he initiated the changes due to numerous cases of the improper application of administrative law during mobilization measures.
According to him, this leads to:
- violations of citizens’ rights;
- a large number of legal disputes;
- a decrease in the effectiveness of mobilization measures.
Conflicts during inspections
The actions of the TCC have recently been the subject of public debate on multiple occasions.
In particular, on March 8 in the Volyn region, after a man was detained by TCC officers, a group of civilian vehicles pursued the TCC’s patrol car. This led to a traffic accident, resulting in injuries to TCC personnel.
