Can Ukrainian citizens be served subpoenas abroad

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Can Ukrainian citizens be served subpoenas abroad

At the end of 2022, the government approved a new procedure for organizing and maintaining military records of conscripts, conscripts and reservists. It also mentioned men abroad.

And it was the paragraph of Decree No. 1487 on military registration abroad that gained the greatest resonance. 24 The channel, together with Vladislav Yurchak, a lawyer from the T&T Partners law firm, investigated whether men can be served summonses abroad.

They can serve summonses abroad

< p>After the adoption of Decree No. 1487 abroad, diplomatic departments will:

  • keep military records of men,
  • notify them of the start of the next conscription of Ukrainian citizens for military service,
  • “facilitate the return” of those liable for military service to Ukraine during mobilization.

Registering for military service in a diplomatic institution is necessary for men in case of departure from Ukraine for a period of more than three months. However, these rules apply only to persons who are on voluntary consular registration.

At the same time, representatives of diplomatic institutions, according to the current legislation, do not have the right to issue any types of subpoenasand hand them over to citizens living abroad, as well as compose materials to attract persons for violating the rules of military registration. Their powers are limited solely to maintaining records liable for military service and informing the relevant authorities in Ukraine about it.

So being on military records in a diplomatic institution does not yet provide for the possibility of receiving a summons from employees of such an institution.

Consular registration of men

The resolution stipulates that diplomatic departments will keep military records among Ukrainians abroad. They must maintain lists of conscripts, those liable for military service and reservists who are on temporary consular records and who are on military records. They will also “facilitate the return” of those liable for military service to Ukraine during mobilization.

However, it is worth emphasizing. that it is not yet known exactly how this process will take place, because the resolution did not specify the mechanism for such “assistance”. Therefore, according to Vladyslav Yurchak, the obligation of diplomatic institutions to “facilitate the return of conscripted reservists to Ukraine” is currently only declarative, since there is no clear mechanism or specific powers.

In particular, the relevant norm should have been continued by granting certain powers to diplomatic institutions, the so-called levers of influence on citizens. However, as of today, there are none. That is, the new order, in my opinion, is only declarative in this part,” Vladislav Yurchak emphasized.

Pay attention! 24 The channel separately asked the Foreign Ministry for a comment on how this military registration in diplomatic institutions. We are still waiting for an answer.

Mobilization in Ukraine: latest news

  • In Ukraine, door-to-door visits to those liable for military service are legal, during which the credentials of conscripts, those liable for military service and reservists are checked. The actual place of study, work and residence will also be verified. Such visits are carried out by military registration and enlistment offices at least once a year.
  • Note that the TCC and SP agendas can be issued in public places. However, there is a list of ways to notify those liable for military service that do not carry any legal force. Among them, a call from the TCC by phone or delivery of a summons through relatives.
  • According to the law, summonses can be issued at work. Responsibilities for maintaining military records are assigned to employees of the personnel service and the personnel management service.

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