The new procedure for keeping military records of conscripts, conscripts and reservists includes a clause on “facilitating the return of conscripts and reservists to Ukraine.”
Channel 24, together with Vladislav Yurchak, a lawyer at T&T Partners, found out what this would mean in practice.First of all, the lawyer notes that the imposed obligation of diplomatic institutions “to facilitate the return of military reservists to Ukraine” as of today is only declarative, since there is no clear mechanism or specific powers.
In particular, the relevant norm should be continued by granting certain powers to diplomatic institutions, the so-called levers of influence on citizens. However, as of today, there are none.
Important!Military records among Ukrainians abroad will be kept by diplomatic departments, they will also “facilitate the return” of those liable for military service to Ukraine during mobilization. How exactly this process will take place is unknown, the corresponding mechanism is not spelled out in the Cabinet of Ministers' resolution.According to lawyer Vladislav Yurchak, according to the current legislation, representatives of diplomatic institutions do not have the right to issue any types of subpoenas and hand them over to citizens living abroad. diplomatic institutions are reduced solely to keeping records of those liable for military service and informing the relevant authorities in Ukraine about this,” the lawyer noted.
He explained that these rules apply exclusively to persons who are on consular registration, which in turn is voluntary. Most of the citizens who have been living abroad for years have not completed the relevant documents.
- Men must be registered with a diplomatic institution if they leave Ukraine for more than three months.
- Being registered with a diplomatic institution does not yet provide for the possibility of a person receiving a summons from employees of such an institution.
Can they refuse to issue a passport
Vladislav Yurchak explained that as of today it is difficult to foresee the will of the legislator, however, the introduction of any restrictions on the rights of citizens requires amendments to a number of legislative acts.
So, diplomatic institutions have received new duties in terms of informing the population and keeping military records, but they cannot serve subpoenas, draw up materials to attract persons for violating the rules of military records, etc. – stressed the lawyer.
Pay attention!The activities of diplomatic institutions abroad quite often come down to the activities of centers for the provision of administrative services. Conventionally, in order to obtain a passport, citizens are not required to submit any military registration documents, and therefore the abuse of issuing or renewing documents, etc. impossible.
Consequently, persons living abroad with an expired passport should not be afraid to go to the embassy for fear of being summoned.
What sanctions await non-violators of the decree
De jure, according to Vladislav Yurchak, persons who have not registered with the military in a diplomatic institution can be held administratively liable in the form of a fine of 3400 to 5100.However, it is important that decisions to impose such penalties cannot be made by the diplomatic institutions themselves, since such a duty is assigned exclusively to the RTCK and the joint venture.
Consequently, there are no such norms of direct liability under the new procedure, as well as the corresponding powers of employees of a diplomatic institution, which actually eliminates the possibility of bringing violators to justice, Vladislav Yurchak noted.
How will it be with dual citizenship
The lawyer emphasized that in this context it is important to understand that Ukrainian legislation provides that if a citizen of Ukraine has acquired citizenship (citizenship) of another state or states, then in legal relations with Ukraine he is recognized only as a citizen of Ukraine.
Thus, dual citizenship does not exclude the fact that a person, as a citizen of Ukraine, is liable for military service. Therefore, all duties defined by the new procedure apply to
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