Is a summons served on the street or at a roadblock legal: the lawyer's explanation

A general mobilization is underway in Ukraine. Conscripted men continue to receive summonses in public places, in particular on streets and checkpoints, writes TSN.

Whose lawyer? legal services in Kyiv you can get clarification on whether a subpoena served in this way is considered legal.

Thus, Article 22 of the Law on Mobilization stipulates the duty of citizens to appear before the TCC and SP within the terms specified in the documents they received: mobilization orders and/or summonses. CMU Resolution No. 1487 contains the approved form of subpoenas, the form of which provides for a receipt with the personal signature of the person receiving the subpoena. The subpoena is a summons document, which gives rise to the obligation to appear before the TCC and SP in case of compliance with the correctness of its registration.

comment: "Simultaneously a specific order and procedure for serving summonses has not yet been adopted, so the lack of settlement of this issue causes many discussions about it", Marina Bekalo said.

Resolution of the CMU No. 1487 only defines a clear algorithm for notification of a summons to the TCC and SP through enterprises, institutions, organizations, educational institutions, and the employer. In such a case, organizations take on the obligation to notify their employee (or student of education) by issuing a corresponding order at the enterprise, institution, organization, and hand over to the conscript a summons to the TCC and SP, ensure his attendance and report on the implementation of all measures regarding the notification of conscripts (clause 47 of the Resolution). There is no other algorithm and order.

comment: "Representatives of TCC and JV service of summons is considered legal anywhere, referring to the absence of a ban on serving summonses in public places, but one cannot agree with such a statement either, because they contradict Art. 19 of the Constitution of Ukraine, according to which state authorities and local self-government bodies, their officials are obliged to act only on the basis, within the limits of authority and in the manner provided by the Constitution and laws of Ukraine. Therefore, in my opinion, to put a final point in this matter, The Cabinet of Ministers must adopt the order and procedure for serving summonses conscripts", the lawyer believes.