What are the legitimate grounds for announcement in the search of the shopping center?
More and more citizens have learned lately, that they are wanted by the territorial procurement center (TCK). In many cases, this is surprising, after all, people did not receive summonses or were at all outside of Ukraine. At the same time, the very fact of entering data into the search register can cause problems: detention, travel restrictions, checks by the police. To protect your rights, it is important to know on what legal grounds the TCC has the right to initiate a search. Legal company “Naumenko and Partners” emphasizes: not every suspicion of the TCC is legitimate. If you think so, that you have been declared wanted for no reason - you should act immediately.
What is a search from the TCC?
TCC search is an administrative procedure, which starts, when the military commissariat cannot establish the location of a person, which is subject to military registration or mobilization.
Often this happens on the basis of current or even outdated information.
However, the search must be justified and meet the requirements of the current legislation, in particular, the Law of Ukraine "On Military Duty and Military Service" and the Procedure for Keeping Military Records.
Legal grounds for a wanted ad
The TCC can initiate a search only if there are specific legal grounds, including:
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systematic evasion of appearing on summonses without a valid reason;
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absence from the place of registration without notification of the TCC;
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ignoring the obligation to register for the military after returning to Ukraine;
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the established fact of going abroad without proper processing of documents for temporary release from service.
The search must be confirmed by an appropriate act or report, after which the personal data are transferred to the Unified Register.
Which is not a legal basis?
Many searches are illegal, especially when they are based on assumptions or inaccurate data.
Among the common illegal grounds:
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delivery of a summons for violation of order (example, in a public place);
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lack of documentary evidence of evasion;
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not knowing about the call due to not updating the address;
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stay abroad without proper registration.
Legal company “Naumenko and Partners” repeatedly encountered situations, when clients were wanted only because of a change of residence.
In such cases, the actions of the TCC can be challenged in court.
How to check, are you wanted?
To make sure, whether you are listed in the search database:
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contact your local TCC with a request (you can through a lawyer);
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check the information through the single register of court decisions - sometimes there are references to a search;
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in case of detention - demand documents, that confirm the search.
What to do in case of illegal search?
In case, if you were unjustifiably wanted:
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collect evidence of your whereabouts (tickets, references, documents from the workplace);
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submit a written application to the TCC with a demand to stop the search;
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apply to the administrative court for protection of rights.
Specialists of the legal company “Naumenko and Partners” provide full escort: from analyzing the situation to drawing up procedural documents and representation in court.
If you have been declared wanted for no reason, do not delay.
The law is on your side.
Hiring experienced lawyers allows you to defend yourself quickly and effectively.
Team “Naumenko and Partners” ready to stand up for you in any part of Ukraine.
