Wanted without a term: how persons liable for military service can remove themselves from the military commissariats’ bases
7 May 2025 16:34
The Ministry of Defense reminds that Ukrainian men who have traveled abroad are obliged to comply with military registration requirements.
In the event of a violation, they may be fined by the MCC, which they will have to pay – even while outside the country.
In addition, the MCC can put the “fugitive” on the wanted list, and, as lawyers explain, such a search can last indefinitely, despite the fact that the law sets clear deadlines. The TCC found out how to get off the wanted list
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However, failure to appear at the MCC by a person liable for military service often entails not only a fine, but also a wanted notice. The wanted list is initiated by the MCCs, but their main goal is not criminal prosecution, but to ensure the personal appearance of the offender at the territorial center to draw up a report on an administrative offense and impose a fine (Articles 210 and 210-1 of the Code of Administrative Offenses), says attorney Andriy Karpenko.
The main reasons why a person liable for military service may be put on the wanted list
- the person is not registered with the military at the place of registration (actual residence);
- has not updated his/her credentials;
- is not registered at an enterprise or educational institution;
- ignored the delivery of a call in person, by mail or through an employer;
- refused to undergo a military medical commission (MMC) or ignored a referral;
- after reaching the age of 25, evaded registration for military service;
- evading military registration;
- evading mobilization.
The CCC may indeed request the police to detain a person who has failed to appear under a summons. This is provided for in paragraph 56 of the Procedure for Organizing and Maintaining Military Registration, approved by Cabinet of Ministers Resolution No. 1487, says lawyer Andriy Karpenko. After the CCC applies to the police, information about the person is entered into the ARMOR database. The police can detain the person who committed the administrative offense and bring him or her to the TCC.
As explained by attorney Yuriy Aivazyan, there are deadlines for penalties for an administrative offense. According to Art. 38 of the Code of Administrative Offenses, a penalty may be imposed within three months from the date of detection of the offense, but not later than one year from the date of its commission.
For example, the TCC was brought to administrative liability in September last year, which means that the relevant period has long since expired. However, this does not mean that the TCC will “in good faith” submit an application to the police to remove a person from the wanted list due to the expiration of the deadline.
In order to be removed from the wanted list, you need to apply to the TCC personally or through a lawyer with an application (lawyer’s request) and raise the question: on what basis is the citizen still wanted if the time limits for imposing a penalty have long since expired. If the issue cannot be resolved through cooperation with the RTCC and the regional TCC, the lawyer advises that you will have to go to court.
That is, in fact, even in the case of personal appearance (delivery by the police) to the TCC now, the person has no right to be held liable, and if there is no liability, there is no wanted list, in which the citizen was submitted for the purpose of his arrival at the TCC to draw up a protocol and make a decision by the head of the latter.
“Unfortunately, without any action on your part, you will continue to be wanted “indefinitely”,” Yuriy Ayvazyan said.
In turn, lawyer Andriy Karpenko clarifies: to stop the search, it is necessary to go through an official procedure:
- report to the district TCC that initiated the search;
- receive a report on an administrative offense under Art. 210 or 210-1 of the Code of Administrative Offenses;
- wait for the case to be considered;
- receive a decision to impose a fine or close the case;
- pay the fine or appeal the decision in court.
“Usually, the TCC removes the wanted list after receiving confirmation of payment of the fine or a court ruling to cancel it. However, remote removal from the wanted list is almost impossible, unless an entry was made in the register by mistake without an actual violation on the part of the person liable for military service,” the lawyer explains.
Otherwise, the wanted list will be indefinite, although by law it should not be. It is not automatically canceled even after the fine is paid, if the grounds for the wanted list remain, which is primarily a failure to appear at the MCC.
Author: Alla Dunina
