During the summer vacation period, a significant number of citizens are away from their place of residence, traveling to other regions of Ukraine or abroad. At the same time, the Territorial Recruitment Centers (TRC) and Military Commissariats continue to carry out military registration activities, data verification, referrals to military medical commissions, and mobilization measures.

In this regard, a practical question arises: can being on vacation be considered a lawful reason for not appearing at the TRC and Military Commissariat, and does it exempt a person from fulfilling the corresponding duty?

What the legislation says

According to Article 65 of the Constitution of Ukraine, the defense of the Fatherland, independence, and territorial integrity of Ukraine is the duty of Ukrainian citizens.

The legal regulation of military duty is primarily carried out by the Law of Ukraine "On Military Duty and Military Service," the Law of Ukraine "On Mobilization Preparation and Mobilization," as well as the Procedure for organizing and maintaining military registration of conscripts, reservists, and those liable for military service.

None of these regulatory acts contain provisions that would exempt a person from the duty to appear at the TRC solely due to being on vacation.

On the contrary, the current military registration rules assume that fulfilling military registration duties does not depend on a person's work schedule, employment relations, or being on vacation.

Indicative is also the Procedure for maintaining military registration, which explicitly requires employers to inform the TRC about notifying employees who are on vacation, sick leave, or working remotely about their summons to the territorial recruitment center. This indicates that the legislator explicitly allows the possibility of summoning a person to the TRC during vacation.

Read also: how much time is given to appear at the TRC after receiving a summons – explanation.

Is vacation a valid reason for absence

The most debated question is whether being on vacation can be recognized as a valid reason for not appearing upon summons.

Article 22 of the Law of Ukraine "On Mobilization Preparation and Mobilization" and subordinate acts provide a list of circumstances that may be recognized as valid reasons for absence.

Among them are traditionally named:

• illness of the person;
• death of a close relative;
• natural disaster;
• other force majeure circumstances.

Such reasons must be documented. If a person cannot appear, they must notify the TRC within three days and subsequently appear after the circumstances are resolved.

Being on annual paid leave, unpaid leave, or additional leave is not explicitly considered a valid reason for absence.

Therefore, the mere presence of an employer's order granting leave does not provide immunity from fulfilling the summons requirements.

The Supreme Court also holds that the key factor is not the person's status (work, vacation, business trip, etc.) but the presence or absence of valid reasons for absence. Since the law does not classify vacation as such a reason, vacation alone does not relieve the obligation to appear at the TRC.

This approach follows the legal position of the Cassation Criminal Court within the Supreme Court, set out in the ruling dated February 13, 2025, in case No. 168/1083/23, where the Court stated that to qualify as evasion of mobilization, it is sufficient to establish the fact of receiving a summons and the conscript's failure to appear at the TRC without legally valid reasons.

Can vacation abroad change the situation

Special difficulties arise when a person is on vacation outside Ukraine.

In such cases, courts usually examine:

• the date of receiving the summons;
• the method of delivery;
• the person's real ability to appear;
• the fact of notifying the TRC about the inability to appear;
• the presence of supporting documents.

It is worth noting separately that during martial law, persons who have a deferral from mobilization, reservations, or belong to other categories allowed to leave the country usually can be on vacation abroad.

However, even in such cases, they may still receive a summons. This is related to technical factors such as errors or malfunctions in electronic registers, automated document generation by the Ministry of Defense, and lack of operational coordination between various state bodies.

If a citizen actually had no opportunity to timely reach the place of summons and properly notified the TRC, such circumstances may be taken into account when assessing their responsibility. However, even in this case, the decisive factor is not the vacation itself but proving the objective impossibility of fulfilling the duty.

Problematic aspects of law enforcement

The most practical problems arise in three situations.

First, when the summons is delivered to the employer during the employee's absence from the workplace.

Second, when the person is on vacation in another region of Ukraine and physically cannot appear by the specified date.

Third, when the summons is sent by mail while the citizen is abroad. Legislation recognizes postal delivery as one of the acceptable methods of notifying a conscript.

In such cases, proper documentation of circumstances preventing appearance and timely informing the TRC are of key importance.

Practical conclusions for citizens

Receiving leave does not terminate military duty and does not cancel the requirements of military registration legislation.

If a person has received a summons, being on vacation alone is not sufficient grounds for absence.

In case of objective obstacles, it is necessary to immediately notify the TRC about the inability to appear, provide documents confirming the reasons, and appear after the circumstances are resolved within the timeframes prescribed by law.

For assessing the legality of absence, the decisive factor is not the employee's labor guarantees but the presence of real and documented circumstances that objectively made it impossible to comply with the summons.

It should be noted that unjustified failure to appear upon summons may lead to administrative fines. In case of further ignoring the requirements of military registration and mobilization legislation, the person may be declared wanted, and by court decision, temporary restrictions provided by law may be applied.

In particular, within enforcement proceedings for unpaid fines, bank accounts may be arrested. In cases where a person's actions show signs of evasion from mobilization, criminal liability may also arise.

More details about the responsibility threatening violators — fine or imprisonment can be found in the article by the "Judicial and Legal Newspaper".

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