Against the background of modern changes to mobilization legislation, the issue of interaction between territorial recruitment and social support centers and police officers regarding conscripts or persons who may be considered as such is becoming more relevant than ever.
IA “FAKT” requested a comment from the “Repeshko and Partners” Bar Association regarding the clarification of the following questions: What exactly are the powers of police representatives under the current legislation on mobilization? When will their actions be considered legal and what do you need to know to protect your rights?
The normative regulation of mobilization issues is defined in the recent resolution of the Cabinet of Ministers of Ukraine dated May 16, 2024 No. 560, which approved the “Procedure for conscription of citizens for military service during mobilization, for a special period”. According to it, when announcing mobilization, police officers have the following powers:
- They participate in the implementation of measures to alert reservists and conscripts together with representatives of the TCC and SP or as part of alert groups. At the same time, the notification is carried out:
- at the address of the place of residence or the address of the declared/registered place of residence of the reservist and conscripted by the notification group, which may include representatives of local administrations or territorial communities, TCC and SP, policemen, and when notifying residents of apartment buildings – the head of the institution (organization ) or a natural person – an entrepreneur who provides services for the management of apartment buildings, or the chairman of the board of the association of co-owners of an apartment building (OSBB);
- at the place of work or study by an alert group, which includes a representative of the local administration, enterprises (institutions, organizations), TCC and SP, and police officers;
- in public places, public buildings and structures, places of mass gathering of people, at checkpoints (checkpoints), checkpoints across the state border of Ukraine, reservists and conscripts may be alerted by alert groups, which may include representatives of local authorities, TCC and SP and police officers.
- At the request of the TCC and SP, organize the administrative detention and delivery to the specified centers and bodies of reservists and conscripts who have committed administrative offenses provided for in Articles 210 and 2101 of the Code of Ukraine on Administrative Offenses. Administrative detention of such persons is carried out regardless of their place of stay in the military register. In this case, the person is taken to the nearest TCC and SP.
- Information about persons who have committed administrative offenses provided for in Articles 210 and 2101 of the Code of Ukraine on Administrative Offenses, proceedings in cases of which are carried out by territorial recruitment and social support centers, are entered into the registers and data bases (banks) of the information system of the Ministry of Internal Affairs.
- Notify the TCC and SP about the impossibility of carrying out administrative detention and delivery within 30 calendar days to such a center of persons who have committed administrative offenses provided for by Articles 210 and 2101 of the Code of Ukraine on Administrative Offenses.
- They organize checks on male persons aged 18 to 60 for a military registration document (a military registration document in electronic form) together with an identity document, and if such a person does not have a military registration document (including in electronic form) or the availability of information in the registers and databases of the MIA system, about the search for such a person, the implementation of administrative detention and the delivery of such a person to the nearest territorial center of recruitment and social support.
We have no questions regarding the point of entering information into registers and databases, as well as the function of notifying the TCC and SP about the impossibility of administrative detention. These are more technical functions. From the point of view of the practical functions of the police, the most interesting is administrative detention and delivery to the TCC and SP.
It should be noted that the Code of Ukraine on Administrative Offenses provides for the following fines:
– according to Art. 210 of the Code – violation by conscripts, conscripts, reservists of the rules of military accounting in a special period, the amount of the fine is from UAH 17,000 to UAH 25,500;
– according to Art. 2101 of the Code for violation of the legislation on defense, mobilization training and mobilization in a special period, the amount of the fine also ranges from UAH 17,000 to UAH 25,500. The body authorized to consider cases related to the specified offenses is the TCC and the SP. The case is considered and an administrative penalty is imposed by the head of the TCC and the JV.
The main point in such a case will be that the person has committed the specified offense and there is already a resolution regarding him from the head of the TCC and SP on imposing the appropriate amount of fine. Here, the third item mentioned earlier should work, regarding the entry of information into the registers and databases of the Ministry of Internal Affairs of information about persons who have committed administrative offenses. If it is established that a citizen violates the rules of military accounting specified by the Procedure for organizing and maintaining military accounting of conscripts, conscripts and reservists or the Law of Ukraine “On Mobilization Training and Mobilization”, identifying discrepancies of the military accounting document with the military accounting data of the Unified State Register conscripts, conscripts, reservists, the senior alert group suggests that the reservist or conscript go to the district (city) TCC and SP to be registered for military registration, pass a medical examination to determine suitability for military service, clarify their personal data, military registration data a document with military accounting data of the Unified State Register of conscripts, conscripts, and reservists.
For this purpose, a summons is drawn up and served to the citizen. In case of refusal to proceed to the district (city) TCC and SP, a police officer who is part of the alert group conducts administrative detention and transport of the citizen to such a center based on Articles 261 and 262 of the Code of Ukraine on Administrative Offenses.
Administrative detention is regulated by the Code of Ukraine on administrative offenses. According to this code, in cases directly provided for by the laws of Ukraine, for the purpose of stopping administrative offenses, and, among other things, when other measures of influence have been exhausted, to ensure timely and correct consideration of cases and the implementation of resolutions in cases of administrative offenses, administrative detention of a person is allowed.
Detention on these grounds is directly provided for in Art. 262 of the Code of Ukraine on administrative offenses. The Code of Ukraine on Administrative Offenses, which states that administrative detention of a person who has committed an administrative offense can be carried out only by bodies (officials) authorized to do so by the laws of Ukraine. Administrative detention is carried out by internal affairs bodies (the National Police) in case of violation by conscripts, conscripts, reservists of the rules of military registration, violation of legislation on defense, mobilization training and mobilization,
A protocol must be drawn up on the administrative detention of a person, which indicates: the date and place of its compilation; position, surname, first name and patronymic of the person who made the report; information about the detainee’s identity; time and reasons for detention. The protocol is signed by the official who drew it up and the detainee. If the detainee refuses to sign the protocol, a record of this is made in it.
The whereabouts of a person detained for committing an administrative offense shall be immediately notified to his relatives, and upon his request, also to the owner of the relevant enterprise, institution, organization or body authorized by him.
Bodies (officials) authorized to carry out administrative detention inform centers for providing free secondary legal assistance about each case of administrative detention of persons in accordance with the procedure established by the Cabinet of Ministers of Ukraine, except for cases where the person defends himself personally or has invited a defense attorney.
However, there is a very important point according to Art. 261 of the Code of Ukraine on Administrative Offenses – in case of administrative detention, a person has the right to a lawyer. At the same time, the police officers themselves must inform the center for the provision of free legal aid, which will send a lawyer to protect the person. Time will tell how effective this norm will actually be. The fact is that the administrative detention of a person who has committed an administrative offense may last no more than three hours, and in necessary cases for identifying the person and/or clarifying the circumstances of the offense – up to three days. When a person is detained for three hours, it is practically and physically impossible to fulfill the requirement for protection by a lawyer through the free legal aid center, given the short period of detention and the need to carry out many actions, which include the search for a free lawyer and the time of his arrival at the place of detention or place where the detained person was transferred.
Another very important moment in which police representatives are involved. This is the implementation of photo and video recording during:
- service of summons;
- verification of the military registration document.
During the delivery of the summons, photo and video recording is carried out with the use of technical devices and means of photo and video recording, as well as during the verification of the military registration document (military registration document in electronic form) together with an identity document, also by a representative of the TCC and SP or a police officer photo and video recording is carried out. Given that each police officer has his own body camera, it is with its help that the recording will be carried out. In the future, records are stored in the police department and can be obtained directly from the person’s lawyer at the lawyer’s request or by the court and other authorized bodies. It is currently unknown whether copies of these records will be transferred by the police to the TCC and SP and to what extent.
Not only representatives of the TCC and SP can call the police for administrative detention. The heads of the state border protection bodies or its structural divisions, with the entry into force of the Decree of the President of Ukraine on the announcement (continuation) of mobilization, summon a police officer to carry out the administrative detention of a person and deliver him to the nearest TCC and SP if there are conscripts, conscripts and reservists in the Unified State Register information about the application of such a person for wanted purposes to the National Police.
As we can see, currently the police representatives are very actively involved in the mobilization process at all its stages. Our main recommendation to citizens is to organize all necessary current documents in a timely manner so that representatives of state bodies do not have unnecessary questions for you.
