A summons from the Territorial Recruitment Center cannot be considered delivered solely based on a postal mark: changes
A draft law No. 15387 has been registered in the Verkhovna Rada, which provides amendments to Article 27 of the Law of Ukraine "On Mobilization Preparation and Mobilization" regarding clarification of the conditions for applying measures of influence to conscripts.
The authors of the initiative propose not to apply measures of influence to citizens in cases where the requirement of the Territorial Recruitment and Social Support Center was not actually received by them.
This concerns the provision according to which a requirement to fulfill military duty may be considered delivered even if the postal notification contains a mark indicating the impossibility of delivery to the person.
As noted, due to this provision, a person may be unaware of the requirement sent to them, but at the same time bear responsibility for its non-fulfillment.
Currently, if the post marks "not delivered for other reasons," the law may consider that the person received the requirement.
The draft law proposes changes requiring proof that the person actually refused to receive it or that it was indeed delivered to them.
In other words, the authors want to remove the automatic recognition of the requirement as delivered solely based on the postal mark.
In the new version, the day of delivery of the requirement will be considered the day of:
- actual delivery against signature;
or
- refusal of the person to receive the requirement, but only if there is additional evidence:
- a properly drawn-up refusal act;
- presence of at least two independent witnesses who confirmed this with their signatures;
- or a video recording of the refusal to receive the requirement.
They propose to consider the right to alternative service
A separate direction of the draft law is the protection of citizens' rights to refuse military service due to religious or personal beliefs.
In particular, in paragraph four, regarding the case when a citizen voluntarily does not fulfill the duty (duties) specified in the requirement within 10 calendar days from the day of delivery of the requirement, the Territorial Recruitment and Social Support Center applies to the court in the manner prescribed by law regarding the temporary restriction of such a citizen's right to drive a vehicle during mobilization – for the period until the fulfillment or withdrawal of such a requirement, they want to add that this measure of influence is not applied (or the decision on its application is canceled) if the citizen informs the Territorial Recruitment and Social Support Center in paper form (through the CNAP, or by postal communication via registered letter, or by letter to the official electronic mail of the TRC and SS with the use of an electronic signature or a photo copy of the letter with the citizen's personal signature) about refusal of conscription during mobilization due to their religious or personal beliefs, as well as about readiness to perform other necessary defense functions of Ukraine under the conditions of alternative (non-military) service.
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