The lawyer named the rights and obligations of both parties - those liable for military service and the TRC.
In 5 days, a new law on mobilization will come into force, but already now many Ukrainians are discussing on social networks what rights and responsibilities each of the parties to this process will have - military personnel and TRC workers. It is expected that notification of the population will continue, including on the streets. What rights and obligations will each of the parties have? Lawyer Mykola Maksimov, who also understands issues of mobilization, spoke about this in a commentary for TSN.ua.
“According to the new law, a person liable for military service must have a military registration document with him. It must be presented not only at the request of a police officer, but also a TRC employee. Before this, there was no requirement to carry such a document and present it to TRC employees. But at the same time, a person bound for military service has no right to detain , unless he is wanted by the National Police.
Who has the right to detain
To the clarifying question about who has the right to detain, the lawyer answers clearly: “Only police officers. TRC employees, neither under the old legislation nor under the new one, have the right to detain.”
According to the lawyer, pushing a person liable for military service into transport by TRC employees is illegal.
“Only police officers have the right to use force. If this happens on the part of TRC employees, then you need to try to record this process on video. It is necessary to warn TRC workers that this is an unlawful deprivation of liberty, illegal detention, and for this responsibility according to the article of the Criminal Code of Ukraine “I’ve seen a lot of videos about when other people’s attention was drawn to the streets, the person was released,” says the lawyer.
To this he adds: “In Ukraine there is criminal liability for publishing information about the movement of the Armed Forces of Ukraine and equipment. But illegal actions of TRC employees can be filmed, but it is not recommended to post it on the Internet. This video can be added to a statement to the police, SBI about illegal detention.”
If a summons is issued on the street
According to the lawyer, the legality of filling out a blank summons on the street, rather than serving a pre-filled summons, is a rather debatable issue.
“There are certain legal issues related to this. The summons contains the signature of the head of the TRC and the data of the persons is entered there. This issue has already been discussed, who tried to write statements to law enforcement agencies. But this issue has not been resolved, they continue to do so,” says Maksimov.
Do you have the right to call a lawyer, law enforcement officers and relatives?
In addition, the lawyer commented on rumors that the phones of detained military servicemen are taken away, depriving them of the opportunity to call, for example, a lawyer or relatives.
“The telephone is a person’s property. There is no right to take it away. TRC actually have the status of military units; management often decides that phones need to be turned off. But then such a norm must be followed by all persons present on the premises of the TRC. Outside the TRC, a person has the right to calling a lawyer, police and family.