The End of Automatic Fines by the Territorial Recruitment Centers: Parliament Wants to Prohibit Considering a Summons Delivered Without a Signature

The Verkhovna Rada has registered bill No. 15387, which proposes to revise certain provisions of the legislation regarding the delivery of demands by territorial recruitment and social support centers to conscripts. Currently, the full text of the bill has not yet been published. Meanwhile, its initiator, Member of Parliament Heorhiy Mazurashu, has already explained what changes are proposed and why, in his opinion, they are necessary.

Why the legislative initiative arose

According to Heorhiy Mazurashu, the current legislation allows considering a demand from the Territorial Recruitment and Social Support Center (TRSSC) as delivered even when the person has not actually received it. This refers to a provision introduced by Law No. 3633-IX dated April 11, 2024. According to it, the demand is considered delivered on the day the postal operator marks the impossibility of its delivery to the conscript's place of residence or stay, if this address was notified to the TRSSC or registered in the manner prescribed by law.

In the opinion of the bill's author, such a provision can lead to situations where a citizen is unaware of the existence of the demand, yet for the state, they are considered properly notified and may subsequently face legal consequences prescribed by law. Therefore, as the MP notes, he proposes to abandon the rule that a postal mark alone is equated with the actual delivery of the document.

What changes, according to the author, are proposed

Heorhiy Mazurashu reported that his legislative initiative aims to amend Article 27 of the Law of Ukraine "On Mobilization Preparation and Mobilization." According to him, it is proposed to exclude the provision that allows considering the demand delivered solely based on the postal operator's notification of the impossibility of delivery if the recipient has not actually received the document. The deputy believes this will prevent situations where legal consequences arise for a citizen without their real acquaintance with the demand from the territorial recruitment center.

Besides the issue of delivering demands, the legislative initiative also proposes to supplement Article 27 of the Law with a provision according to which temporary restrictions on the right to drive vehicles will not be applied or will be canceled if a citizen notifies the territorial recruitment and social support center in writing about their refusal to undergo military service during mobilization due to religious or personal beliefs and confirms their readiness to perform other necessary defense functions within the framework of alternative (non-military) service.

As the deputy explained, such notification is proposed to be allowed through administrative service centers (CNAP), by registered mail, or by email using an electronic signature or a photocopy of the statement with a personal signature.

How the author justifies his position

Justifying his initiative, Heorhiy Mazurashu refers to Article 35 of the Constitution of Ukraine, which provides for the possibility of replacing military service with alternative (non-military) service in cases where military service contradicts the citizen's religious beliefs. He also draws attention to international documents, including the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and the practice of the European Court of Human Rights, believing that freedom of conscience should be taken into account when regulating mobilization issues.

Currently, only the bill card is published on the Verkhovna Rada website. Explanatory notes, comparative tables, and other accompanying documents are absent at the time of publication. The information provided is based on public statements by the bill's author regarding the content of the proposed changes. "Judicial and Legal Newspaper" will monitor the further progress of the bills and their official publication.

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