Who the fourth wave of mobilization will not touch (infographics)
On January 20, the fourth wave of mobilization starts in Ukraine. It became known who she would not touch.
Thus, the categories of persons liable for military service that were exempted from mobilization in January-April 2015 are: unsuitable for health reasons, students and graduate students, clergy, parents of three or more children, people who are engaged in constant care and residents of occupied territories.
Note that unsuitable due to health reasons must be declared unfit for military service by the military medical commission for a period of up to 6 months. Full-time students and graduate students, clergymen who hold positions in registered religious organizations will not get into the troops.
Parents of three or more children under the age of 18 will not protect Ukraine from the enemy.
Those liable for military service, who provide constant care for incompetent relatives, will be exempted from mobilization. Residents of Crimea and uncontrolled parts of Donetsk and Lugansk regions will not fall under the fourth wave of mobilization.
The publication LIGABusinessInform recalls the responsibilities of the person who received the summons.
According to the law "On mobilization training and mobilization," those liable for military service, who received a summons from the military commissariat to arrive to call for training, must arrive at the point and time indicated on the summons.
Agendas can be sent both to non-serving graduates of military departments of civilian universities and simply to non-serving. After their arrival at the military registration and enlistment office, either the account is simply verified, or, if a military specialty is in demand, a referral to the medical board is given. If, according to the results of a medical examination, a reservist is deemed fit for military service, a conversation is held with him in order to find out about his desire or unwillingness to serve. Be sure to take into account the passage or non-completion of military service in the past and military specialty. Preference is given to those serving in the army.
Types of Agenda
a subpoena with a proposal (“propony”) to appear at the military registration and enlistment office for reconciliation of an account or interview;
It should be noted that under the Law of Ukraine "On Personal Data" a citizen of Ukraine has the full right not to provide organizations, and military enlistment offices, including information about themselves, their family, place of work, health status, etc.
a summons demanding (“I punish”) to appear at the military registration and enlistment office for medical examination (which is already illegal)
It is worth noting here that the military registration and enlistment office cannot force a medical examination to take place , because in Ukraine no one has the right to provide medical assistance to a person or to examine a patient without his consent (except in cases of emergency medical care). The provisions of the Law of Ukraine "On the Basics of Health Care" state that no one has the right to force a person to see a doctor, undergo diagnostic methods, take tests, etc. Thus, a person who does not want to serve in the army has every right to refuse to undergo a medical examination. Any intimidation of military commissars would be unlawful - the responsibility for refusing to allow the doctor to examine the patient simply cannot be foreseen.
As for the "mandatory medical examinations", they are introduced by the Resolution of the Cabinet of Ministers. In the list of those who, by virtue of their profession, are required to undergo medical examinations with a certain period of time, there are indeed “conscripts,” but not “mobilized” ones. But the responsibility for refusing to undergo a medical examination is clearly stated in the current legislation of Ukraine. It is exclusively administrative - the management of the enterprise is obliged to remove the person who refused to undergo a “compulsory” medical examination from work or study (student medical examinations). In the case of draftees who refuse to undergo a medical examination on the basis of Art. 43 of the Law of Ukraine "On the Basics of Health Care" or on the basis of Art. 286 of the Civil Code of Ukraine, the military commissariats do not have legal mechanisms to influence such a refusenik.
a summons with a demand (“I will punish”) to appear with things at the indicated collection point (for persons liable for military service, who have passed an interview, medical board and received a mobilization order).
For non-appearance in the military registration and enlistment office on the agenda with full or partial mobilization, the evader is facing administrative responsibility in the form of a fine from UAH 85 to 119, administrative violation in the form of a fine from UAH 17 to 51 is provided for violation of the mobilization law, for the intentional destruction of the registration certificate or military ticket - a fine in the amount of 17 to 51 UAH. For draft evasion by mobilization in Art. 336 of the Criminal Code of Ukraine prescribed liability in the form of imprisonment for a term of two to five years. It is important to understand that criminal liability can only occur if a person agreed to undergo a medical examination and received a mobilization order. If a person refused to undergo a medical examination, did not receive a mobilization order, then he will not be held criminally responsible - only administrative.
Notification of persons liable for military service selected by candidates for training camps is carried out exclusively by handing in the established type of summons in person, and not by phone calls and dropping summons in the mailboxes. The summons should indicate the time of arrival at the military commissariat, the seal and signature of an official (usually a military commissar).