How to find out if a person is on the TCC's "wanted list": lawyer's answer
Kyiv • UNN
As Bekalo noted, in addition to the "Reserve+" application, information about being wanted for delivery to the TCC and SP can be obtained by directly submitting a written request to the National Police department asking for information.
The "wanted" status by the TCC and SP is not a "classic" wanted status, but rather an administrative procedure for delivery by National Police officers to the TCC and SP. In a comment to UNN, lawyer Maryna Bekalo explained how to find out about a "wanted" status, who has the right to forcibly deliver individuals to the TCC, in what cases a person is entered into the Ministry of Internal Affairs databases, and under what conditions they can be removed from the "wanted" list.
How to find out about "TCC wanted status"
As Bekalo noted, in addition to the "Reserve+" application, information about a wanted status for the purpose of delivery to the TCC and SP can be obtained directly by submitting a written request to the National Police department asking for the information.
This is a right provided for by the Law of Ukraine "On Citizens' Appeals" and the Law of Ukraine "On Access to Public Information." Only national police bodies, upon a special notification from the TCC and SP, have the authority to deliver citizens who have committed administrative offenses under Articles 210, 210-1 of the Code of Administrative Offenses to the TCC and SP for drawing up protocols on administrative offenses
"TCC wanted status in "Reserve+"
It should be noted that in May 2024, the Verkhovna Rada adopted draft law No. 10379, which provides for increased responsibility for evading mobilization. In particular, as expected, violations of military registration rules by conscripts, those liable for military service, and reservists will entail a fine of 3,400 to 5,100 hryvnias.
For a repeated violation within a year, the fine will be from 5,100 to 8,500 hryvnias.
However, for such a violation committed during a special period, fines, as expected, will be set at 17,000 to 25,500 hryvnias.
Punishment will also be provided for violating legislation on defense, mobilization training, and mobilization. For such a violation, it is proposed to fine from 5,100 to 8,500 hryvnias, and for a repeated violation - from 8,500 to 11,900 hryvnias.
During a special period, such fines will range from 17,000 hryvnias to 25,500 hryvnias.
How the procedure for declaring a person wanted takes place
The lawyer notes that this is not a "classic" wanted status.
Wanted status refers to investigative and operational measures to search for a person suspected of committing a crime, for which a separate resolution is issued by the pre-trial investigation body and relevant information is entered into the Unified Register of Pre-trial Investigations. The TCC and SP submit requests of a prescribed form to the National Police bodies regarding the delivery of military-liable citizens to the TCC and SP in case they commit administrative offenses in the form of violating military registration rules or failing to appear upon a summons or other violations of legislation on defense, mobilization training, and mobilization. The purpose of such detention and delivery to the TCC and SP is to draw up a protocol on an administrative offense
She says that the specified request from the TCC and SP is an obligation for the police to carry out administrative detention of such a person and deliver them to the TCC and SP. Information about the person enters the relevant databases of the Ministry of Internal Affairs.
The delivery of the offender must be carried out as soon as possible. After the implementation of such detention (i.e., delivery to the TCC and SP), the request of the TCC and SP will be considered fulfilled, and therefore serves as a basis for terminating the administrative detention for delivery to the TCC and SP. When contacting the Ministry of Internal Affairs, the TCC and SP must indicate in the notification for the delivery of the offender the grounds for such coercive measures: this is a violation of military registration rules or a violation of legislation on defense, mobilization training, and mobilization. More detailed information on what exactly the offense consisted of can only be provided by the TCC and SP (failure to appear upon a summons, failure to undergo a military medical commission, etc.) upon a written request or directly at the TCC and SP
The lawyer emphasizes that, therefore, only police bodies have the authority to deliver a person to the TCC and SP; the TCC and SP do not have such authority, and therefore, the actions of a "violent nature by some representatives of the TCC and SP regarding the detention of a person and delivery to the TCC and SP are illegal."
Ways to remove from "wanted list"
Bekalo emphasizes that the mere fact of paying an administrative fine, which caused the person to be declared wanted, does not relieve them of the obligation to appear at the TCC and SP (for undergoing a military medical commission or updating personal data).
Therefore, such a person is not removed from the "wanted list." Only in the event of the arrival of a person who is subject to administrative responsibility at the TCC and SP, either by forced delivery or voluntary arrival, will information about such person be removed from the information systems of the Ministry of Internal Affairs regarding forced delivery to the TCC and SP," the lawyer summarized.
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