July 16 is the last day for men in Ukraine to update their data at the Territorial Recruitment Centre (TRC), after which those subject to military conscription may face a number of difficulties.
According to the new mobilisation law introduced in May, men of conscription age must visit the military recruitment centre to update their data. After the deadline, those who fail to update their data will face a fine.
In two months, about four million men visited TRCs, which is less than half the number of conscripted men, according to the Ukrainian Defence Ministry.
According to Ukrainian MP Oleh Sinyutka, about 6 to 7 million people have not yet updated their data, whereas the country officially has about 11 million persons liable for military service. The statistics includes those who are registered in Ukraine but reside abroad. This means that even if a person has not lived in the country for a long time or left it after the war broke out in February 2022, he will still receive a large fine.
However, updating the data is only part of the requirements embedded in the updated law. Military and legal experts believe that the main purpose of the law is to bring a person liable for military duty to the military enlistment centre. Those who fall under mobilisation have two options: fight at the front or pay.
What changes after 16 July
Starting from Wednesday, Ukrainian military enlistment offices will start sending out summonses by mail without the need for personal delivery. It will be considered served regardless of whether a person liable for military service has received it or not. After that he will have to report to the TRC within 14 days after its mailing.
Now a registered letter with notice to the address that the military enlistment office has. Regardless of whether the person liable for military duty resides there, he will be considered to have been notified of the summons to the TRC.
Failure to appear for two types of summonses – for clarification of data and medical examination – will result in an administrative fine. Failure to appear for “combat” summons is a criminal offence. It used to be the same before, only the amount of the fine for failure to appear has changed.
Officers of the military registration centre will start intensified street checks of updated data and military tickets, the carrying of which has become mandatory. Those who fail to report to TRCs on the second request will lose their driving licence.
Technically, without a military card (or with a medical examination that has been overdue for more than a year) – even with up-to-date data – the police have the right to detain a person to take him to the military registration centre. If a military patrol is in charge of the case, they will issue a summons to appear for a data check.
Men without a military ticket, paper or electronic, will not be able to leave Ukraine, even if they have the right to do so. Those who have not had time to update their data in TRCs in two months may receive a summons on the street or go straight to a military enlistment centre.
Penalties for non-attendance
There will be hundreds of thousands or even millions of evaders who have not updated their data. At the same time, of the 12,000 fines imposed since the mobilisation law came into force, less than half have been levied so far.
However, despite the slow process, the fines remain substantial: from 17,000 hryvnias ($412) for the first and up to 25,500 ($605) for repeat offences. Moreover, fines can be imposed for each individual offence, such as failure to update data, absence of a military ID card, and failure to appear for each summons sent.
According to Ukrainian lawyers, the authorities will write off money from the accounts of evaders automatically by first blocking bank accounts. If they are empty, the property of the penalised person can be seized until he pays. If these measures did not help, the authorities can sell the property of the person liable for military service.
However, there are a number of legal restrictions on the disposal of property. A list of items that cannot be seized from a person in case of non-payment of a fine is provided. A year ago, the Ministry of Justice published a procedure according to which the last phone, chair, and bed cannot be taken away from a person.
One computer, TV, fridge, table, and cupboard should be kept per family. However, authorities can foreclose on cars and land. As for housing, if it is the only one, it can be foreclosed only if the fines amount to 160,000 hryvnias ($3,874) and there is no money in accounts or other property to be foreclosed.
Appealing in court and deprivation of driving licence
Ukrainian media report that since spring Ukrainian men have started massively signing over cars to their wives and other relatives, as well as emptying their bank accounts.
However, MP Oleksandr Fedienko believes that Ukrainians will massively appeal against TRC fines in court, as no one will pay them due to the amounts. Instead, the number of appeals in court will grow, because it is cheaper than a fine. Fedienko also said that he had already seen a verdict where the court ruled in favour of the military conscript.
Disqualification from driving follows only for failure to report to the TRC on summons. Then the military recruitment centre can ask the police to detain the offender. However, if the police fail to do so within five days, the military recruitment centre will send the evader a new demand.
He will then have another ten days to appear before the TCC, after which the military enlistment office goes to court to demand that the military conscript be deprived of his licence to use vehicles. The law is drafted in such a way that judges are likely to grant the claim automatically if the evader does not appear in court and does not present his arguments.
The innovations will get the main impetus when TRCs update mobilisation data. The mass mailing of summonses will begin, which will be considered delivered regardless of whether they were personally handed to the persons liable for military service or not. The effectiveness of the measure depends on how many of those who have updated their data do not have a deferment or reservation from mobilisation and have provided accurate data.
Experts believe that violators will be the first in line for mobilisation. They will be sent a summons to undergo a military medical commission, after which they will receive a “combat” summons. Since they voluntarily updated their data, understanding the prospect of being mobilised, it can be assumed that the percentage of summons evaders among them will be relatively small.
Effectiveness of mobilisation measures
Earlier, the authorities reported that the majority of those who update their data are either people under 25, or those who are eligible for a deferment or have a reservation from mobilisation. As for those who do not want to go to serve, they can try by any means to buy themselves a deferment or a reservation, try to leave the country, or lie low in Ukraine.
A separate, and very large, group is those who are abroad. According to official information, the percentage of foreign Ukrainians among those who have updated their data is minuscule. The overwhelming majority did not update their data.
The real effect of the new measures remains to be seen. However, if it turns out to be lower than the authorities expect, there is a possibility that the age limit of 25 years for mobilisation will be lowered. This could cause strong resentment in society.
Those under 25 were the most active in updating their data in TRCs, as they believed that there was no threat of mobilisation for them at the moment. Therefore, military commissars have the most complete and accurate information on this particular group of persons liable for military service. However, the decision to lower the age threshold will be considered after analysing the effectiveness of the new measures. The situation at the front may also influence the decision.
