How cars and driver’s licenses will be deprived for evading mobilization, clarification
The draft law on mobilization passed by the Verkhovna Rada in the first reading provides for a number of restrictions for those who avoid service in the Armed Forces of Ukraine. In particular, this may include confiscation of the vehicle and withdrawal of the driver’s license. This was reported by the Telegraf edition.
In particular, lawyer Roman Kichko argues that representatives of TCCs and JVs will not have the right to make independent decisions on the application of such means of influence on tax evaders, as this can only be done by the court.
What does the current law on the confiscation of cars and driver’s licenses provide for?
According to the lawyer, if a person liable for military service or a reservist ignores his or her duties, the MCC and JV may apply to the National Police for administrative detention and delivery of the person liable for military service or a reservist.
If the National Police fails to do so within 15 days, the MCC and JV may send a demand to the person liable for military service or a reservist. Conscripts, persons liable for military service, and reservists registered in the electronic cabinet will be sent the request through the cabinet.
“In this case, the demand will be considered delivered on the day of dispatch, and if dispatch took place after 17:00 – the next day, regardless of whether the person liable for military service has read this information in his or her electronic cabinet. Otherwise, the demand is sent by mail and will be considered served on the day the demand is delivered against receipt or on the day the post office marks the letter as refused,” explained Kychko.
After that, a person liable for military service or a reservist must fulfill this requirement within ten days, or rather, apply to the MCC and the JV. In case of failure to do so, the TCC has the right to file a lawsuit after 5 days.
“The court will schedule a hearing to which the person liable for military service will be invited. The category of such cases will be considered according to the rules of administrative proceedings. Since the proceedings have been opened, the lawyer advises to use the services of a defense lawyer, because the decision will be made quite quickly – within 15 days,” the lawyer explained.
Kichko claims that the court’s decision will be submitted to the State Enforcement Service, which will act in accordance with the Law of Ukraine on Enforcement Proceedings. However, the law does not clearly state how a court decision restricting the right to drive a vehicle should be enforced.
“Currently, this restriction applies only to men with child support arrears. At the same time, there are currently no plans to amend the law on enforcement proceedings to restrict the right to drive a car. But it is possible that such changes will not be introduced later,” says Roman Kichko.
At the same time, the lawyer is not sure that the driver’s license will be confiscated, but he reminded that driving a vehicle despite the restrictions provides for deprivation of the right to drive for a period of 3 to 6 months. If a person repeatedly violates the temporary restriction, or if he or she drives again, a fine of UAH 20,400 may be imposed.
The third violation is punishable by a fine of two thousand four hundred tax-free minimum incomes (UAH 40,800), as well as deprivation of the right to drive for a period of five to seven years and paid seizure of the vehicle or without it. In this case, the police officer has the right to seize the vehicle and move it to the impound lot.
On April 7, Olena Moshenets, MP and deputy head of the Verkhovna Rada Committee on Anti-Corruption Policy, said that in a few months, territorial recruitment and social support centers (TSC and SP) would have data on men liable for military service contained in various state registers.
On April 5, Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets said that he did not support the expansion of the powers of TCC and JV employees.
