Lawyers discuss the laws most commonly violated during mobilization, emphasizing that TCKs cannot resort to excessive force.

The mobilization law has not simplified the work of the Territorial Recruitment Centers (TCC) and the Social Protection Services (SPS), nor has it put an end to the mobilization activities in Ukrainian cities. It's unlikely that the recent meeting of parliamentary committees will resolve the issues surrounding forced mobilization in the streets and the violations of people's rights. Focus has investigated the law, highlighting what it prohibits for military commissioners and outlining their responsibilities.

https://focus.ua/eksklyuzivy/689687-prinuditelnaya-mobilizaciya-polnomochiya-tck-i-sp-novosti-ukrainy2025-01-23 07:40:59

Recently, on January 20, 2025, the Committee of the Verkhovna Rada of Ukraine on National Security, Defense and Intelligence, along with the Committee on Law Enforcement Activities, held a joint meeting to discuss the protection of citizens' rights and freedoms during mobilization activities.

The reason for this meeting is, among other things, the ongoing issue of mobilization, which has not ceased with the adoption of the new mobilization law but has instead become even more pressing. Certainly, representatives of the TCC across the country assure that they act within their powers and the law; however, cases of forced mobilization using brute force are reported daily on the streets.

What conclusions did the members of the meeting reach? The Law Enforcement Committee will develop and propose amendments to the legislation regarding the criminal liability of state representatives for violations in the process of conscripting citizens for military service. Additionally, they propose to establish accountability for members of the VVK for violating the procedure for conducting medical examinations, specifically recognizing fit individuals as unfit and vice versa.

Furthermore, based on the meeting's results, it was decided that those authorized to carry out mobilization activities must:

be without balaclavas;
present themselves and provide identification upon request;
not use special operations, particularly anti-terrorist or intelligence operations, for mobilization tasks.

Any actions that restrict human rights and freedoms must be carried out by law enforcement officials based on legislation.

TCC Powers: Read the Constitution

Territorial Centers for Recruitment and Social Support are military management bodies that ensure compliance with legislation regarding military duty and service, mobilization training, and mobilization.

The powers of TCC and SP are defined by various regulatory legal acts, with several fundamental ones being:

Law of Ukraine "On Military Duty and Military Service";
Regulation on Territorial Centers for Recruitment and Social Support, approved by the Cabinet of Ministers of Ukraine on February 23, 2022, No. 154;
Procedure for conscripting citizens for military service during mobilization, in special periods, approved by the Cabinet of Ministers of Ukraine on May 16, 2024, No. 560.

"First of all, it should be noted that according to Article 19 of the Constitution of Ukraine, state authorities and local self-government bodies, their officials must act only on the basis of, within the powers, and in the manner prescribed by the Constitution and laws of Ukraine.

This means that if the legislation does not clearly stipulate that a specific authority or official may act in a certain way, such actions are prohibited, as one can only act as provided by the current legislation," says the lawyer.

TCC and SP have the following main powers:

Manage pre-conscription training together with educational authorities;
Implement decisions to direct citizens for military service;
Collaborate with local administrations to attract citizens for military or alternative service;
Maintain records of conscripts, military personnel, reservists, and territorial defense volunteers;
Inform citizens of their rights and responsibilities during military registration and service;
Process and issue military registration documents;
Ensure information protection in the Military Registration Register;
Cooperate with state bodies to organize mobilization and military time;
Conduct information campaigns to attract individuals to service;
Maintain records of enterprises fulfilling mobilization tasks and organize control over mobilization preparation;
Conduct notification and conscription activities;
Monitor the social protection of military personnel, retirees, and their families;
Process compensations and financial aid for military personnel and their families in cases of disability or death;
Provide certificates of service and combat participation;
Examine cases (around the clock during mobilization and/or in a state of martial law) of administrative offenses and impose administrative penalties in accordance with the Code of Ukraine on Administrative Offenses.

Additionally, regional TCC and SP have some special powers in the Autonomous Republic of Crimea, the city of Kyiv, and Sevastopol. Specifically, they assist in organizing control medical examinations for the following categories of citizens:

Individuals recognized as unfit or temporarily unfit for military service by district or city commissions;
Citizens who disagree with the results of medical examinations or the decisions of district or city commissions;
Conscripts who must undergo medical examinations before being sent to training units or centers.

District TCC and SP also have specific powers, including:

Organizing medical examinations and psychological assessments for military-medical commissions of military personnel and reservists. This occurs periodically, and during mobilization and/or martial law — around the clock;
Processing deferments from conscription for military personnel and reservists during mobilization and verifying the grounds for their provision;
Conducting special accounting of military personnel and assisting individuals discharged from military service in timely assessments of their status for pension or benefits in the event of disability;
Assisting in locating documents necessary for receiving one-time financial aid in case of death, disability, or partial loss of capacity for military personnel;
Verifying the family status of military personnel upon request from the unit commander or relatives (if there are grounds).

What TCC Cannot Do During Mobilization?

Heads of district (city) TCC and SP:

Prepare proposals for organizing the work of mobilization management points, control groups, medical examinations, material and financial resources, as well as for seizing property, vehicles, and fuel for mobilization activities;
Distribute mobilization resources among territorial communities, enterprises, and organizations;
Deliver orders for conducting notification and summons activities to executive bodies, enterprises, and institutions;
Issue orders for reviewing military registration documents and serving summons to military personnel and reservists, organizing these activities;
Notify reservists and military personnel through notification groups, involving representatives of local authorities and police;
Request police assistance to detain individuals who violate accounting rules or refuse to receive summons;
Organize the conscription of reservists and military personnel for military service during mobilization;
Control the execution of notification, gathering, conscription, and dispatching to military service;
Inform leaders about problems in implementing mobilization activities and suggest solutions;
Participate in coordination meetings regarding mobilization and discuss problematic issues;
Report to police about facts of evasion from military service conscription.

Moreover, the use of physical force (except in cases of necessary defense) is also prohibited. Current legislation does not allow TCC and SP to apply measures to military personnel, reservists, conscripts, etc.

Detaining and delivering individuals to TCC and SP by military commissioners is also illegal. Current legislation stipulates that only police personnel may carry out detentions and deliveries at the request of TCC and SP.

"TCC and SP employees have no right to detain and transport military personnel, reservists, conscripts, etc.," notes the lawyer.

In cases where there is the use of brute force by TCC employees during mobilization or other offenses on their part, the lawyer advises contacting the authorities empowered to address violations of military personnel rights:

Higher authorities (higher TCC and SP, Command of the Ground Forces of the Armed Forces of Ukraine, Ministry of Defense of Ukraine);
National Police of Ukraine;
Ombudsman of the Verkhovna Rada of Ukraine.

"Among the problems of lack of accountability, the first issue in bringing guilty parties to justice is the absence of a complaint or corresponding application to the authorized bodies. There is also a tendency to ignore citizens' appeals and complaints by the authorized bodies, which are supposed to take appropriate measures. At the same time, in the absence of a proper response from the authorized bodies, in some cases, it is necessary to appeal to the court depending on the situation," says the lawyer from the NGO "Legal Hundred."

Additionally, lawyers have stated that reserved employees can be mobilized in two cases. However, the decision can be appealed in court, with the main requirement being documentary evidence of one's position.