TCC has no right to forcibly detain citizens - court ruling
Kyiv • UNN
TCC employees do not have the right to detain citizens and forcibly deliver them to centers. This can only be done by the police in case of a person's search.
Employees of territorial recruitment centers and social support do not have the right to detain citizens, let alone forcibly deliver them to the TCC. This is stated in the resolution of the Third Appellate Administrative Court in case No. 160/6554/25, reports UNN.
Details
A man filed a lawsuit against a military unit with the Dnipropetrovsk District Administrative Court. He asked to declare unlawful and cancel the commander's order regarding conscription for military service during mobilization, and also to oblige the military unit to exclude the plaintiff from the personnel lists.
The plaintiff stated that at the end of November 2024, he was forcibly delivered to the TCC premises by unknown persons, where he was held for four days. According to the results of the first-instance military medical commission, the man was found fit for military service. But the man refused the military medical commission and stated that he did not have the relevant medical documents and did not receive a referral to the military medical commission and a summons for conscription for military service under his personal signature.
By the decision of the Dnipropetrovsk District Administrative Court of May 01, 2025, the claim was denied. The man filed an appeal - in it, referring to the incomplete clarification of the circumstances of the case by the court of first instance, he asked to cancel the court's decision and issue a new one - to satisfy the claim in full.
The Appellate Court decided that TCC employees can initiate detention only if the person is wanted for ignoring summonses, but only the police can physically detain and deliver a person. Any independent detention by TCC representatives is illegal.
Only police officers have the authority to conduct administrative detention and forcibly deliver a citizen to the TCC. Military personnel who notify conscripts do not have such a right
The court also concluded that the commander's order for conscription for military service during mobilization is unlawful and subject to cancellation.