Lawyer Andrii Novak explained whether it is legal to issue summonses on the streets, how to recognize a correctly filled out document and whether it is possible to refuse it.

The lawyer said this in an interview with

Novak commented on the noisy delivery of summonses in Odesa and Lviv, when citizens were forcibly detained on the streets.

"What we saw on the video cameras from Odesa, and what we heard from the western regions, when people were forcibly put into cars, this can be 'illegal deprivation of liberty,'" he emphasized.

According to the lawyer, this method of serving summonses is absolutely illegal and contradicts all norms of logic and legislation.

The lawyer reminded that there is a certain procedure, a mechanism for serving summonses.

"It must be followed in any case, regardless of the current state of the country. First of all, we are a state governed by the rule of law, so all the methods used by the picking centers must comply with legal regulations," Novak is certain.

How summons should be served

The summons can indeed be served on the street, in any place, but it must be properly executed and already issued to the citizen, says the lawyer.

Discharge on the spot is not within the competence of the representatives of the Picking Centers or other persons.

"Now, summonses are simply issued on the spot. Law enforcement officers check the data, transfer them to representatives of the picking centers, and they issue summonses on the spot," Novak noted and warned that such actions are illegal.

"I emphasize that the summons at the time of delivery must be filled out and have all the mandatory details: surname, first name, patronymic of the conscript, address of the place of registration, date and place of arrival, as well as the signature of the military commissar and the wet seal of the Center if at least one of these data is missing, the subpoena cannot be considered properly executed and failure to appear on such a subpoena cannot entail any liability," the lawyer explained.

It also very often happens that summonses were served with photocopies of the signature and seal.

This is incorrect.

Is it possible to bring employees of the Military Commissariat if the summons is filled out incorrectly

"No, the subpoena as a document is not subject to appeal, because it does not carry any legal force. This position has been confirmed by numerous judicial practice. Courts refuse to grant appeals against such subpoenas," warned Novak.

Is it possible to refuse a summons?

According to him, if the subpoena is improperly issued, it is possible to refuse to receive it on the spot, and in the act of refusal to specify the grounds on which the citizen refuses the subpoena.

"In the future, when considering the administrative case, it will be decided whether the citizen had the right not to receive it or not. And accordingly, administrative responsibility will arise or not," the lawyer concluded.

Earlier, the military commissar of the Lviv region said that serving summonses on the street and in other public places does not contradict the law of Ukraine.

We will remind, the chairman of the Verkhovna Rada, Ruslan Stefanchuk, said that two people's deputies went to war.

Stefanchuk has no information about whether one of the children of people's deputies went to the front.

Read also:

  • Those with limited health status can be mobilized: or will they be sent to the front

  • Mobilization in Ukraine: what types of summons are there and where they can be served

  • Three reasons that allow you not to come to the military commissariat on a summons

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