Draft law on mobilization: failure to report to the military registration and enlistment office will result in deprivation of the right to drive
Kyiv • UNN
The draft law on mobilization provides for the deprivation of the right to drive cars of persons liable for military service who fail to appear at the request of the military commissariat. However, for this to happen, the MCC will have to prove in court that the police cannot deliver him to the territorial center.
The mobilization draft law passed by the Verkhovna Rada stipulates that all persons liable for military service who fail to report to the MCC will be deprived of the right to drive vehicles. The MCC will apply to the court, which will impose such "sanctions," but in order to restrict the right to drive, the MCC will have to prove in court that the police cannot bring the evader to the MCC. This is stated in the draft law No. 10449, UNN writes.
Details
According to the draft law, the head of the TCC shall apply to the police for administrative detention and delivery of a person liable for military service to the territorial recruitment center for failure to appear at the TCC, failure to undergo a medical examination, failure to update his or her military registration data with the TCC within 60 days, and violation of the legislation on mobilization.
"In case of receipt of a written response about the impossibility of administrative detention and delivery of a citizen to the TCC, its head shall, within five days from the date of receipt of such response, send to this citizen in paper form by means of postal service by registered mail with acknowledgment of receipt to the address of his or her location, place of residence or stay, a request to perform a duty (duties) as a person liable for military service or a reservist," the draft law says.
The day of service of the summons is considered to be the day of delivery:
- the day of delivery of the request against receipt by means of postal communication;
- the day of affixing a mark in the mail message on the refusal to receive the request or a mark on the impossibility of delivering the request to the person for other reasons at the address of the person's location, place of residence or stay, reported by the person to the territorial center for recruitment and social support;
- the day of affixing a mark in the mail message on the refusal to receive the demand or a mark on the impossibility of delivering the demand to the person for other reasons at the address of the person's location, place of residence or stay, registered in accordance with the procedure established by law, unless the person has not informed the territorial recruitment center
The document states that if a person liable for military service does not voluntarily appear at the MCC within 10 calendar days from the date of service of the summons, the head of the MCC shall file a claim with the court to impose a temporary restriction on the right to drive a vehicle for the person liable for military service.
The lawsuit, which specifies the name of the court, the name of the plaintiff, the surname, name and patronymic of the person liable for military service, the content of the claims and a statement of the circumstances by which the plaintiff substantiates his or her claims, etc., must be filed within 30 days.
However, the court may refuse to satisfy the claims made by the TCC if the recruitment center fails to prove the existence of circumstances and the measures taken:
- failure to perform duties during mobilization;
- the impossibility of administrative detention and delivery of a person liable for military service to the TCC by the police;
- delivery to such a person of a request from the MCC to perform a duty as a person liable for military service or a reservist, respectively;
The court will also dismiss the claim for restriction of the right to drive if:
- the imposition of such a restriction deprives a person of the main legal source of livelihood;
- the person uses the vehicle in connection with the disability or dependency of a person with a disability of group I, II, recognized in accordance with the established procedure, or a child with a disability.
- Appeals can be filed within 15 days from the date of the decision.
It should be noted that the draft law only provides for restrictions on the right to drive a vehicle. The first version of the draft law provided for temporary restrictions on the right to travel abroad and the seizure of funds and other valuables of an individual, but such provisions were excluded before the second reading.
Recall
The Verkhovna Rada has approved a draft law on mobilizationthat introduces various provisions, including requiring persons with disabilities to undergo a second medical examination after February 24, 2022, restrictions on driving for those who evade military service, and the need to carry military registration documents.
