Our Foundation’s lawyer, Kristina Prykhodko, continues to explain the intricacies of mobilization legislation. And today, in the project “Legal Advice,” she talks about one of the court decisions, the details of which will be interesting for Ukrainian society to learn.
Watch Kristina’s video and read her detailed explanations in the post below.
The CCC’s entry of data into the “Oberig” registry about possible violations of military registration rules, as well as the display of such information in “Rezerv+” without being held accountable, is illegal and violates the rights of those liable for military service.
This is exactly the decision that the court reached in the case of recognizing the relevant actions of the CCC as unlawful. Because, Kristina explains:
- The registry is entered with data specifically about being held accountable for violating military registration rules.
- The holding accountable must be recorded in a protocol or resolution in a case of an administrative offense.
- If the offense is not recorded in either a protocol or a resolution, then there should be no information in the “Oberig” and “Rezerv+” registers.
- Regarding the search. The resolution of the CMU, which defines the powers of the CCC, establishes that the CCC applies to the National Police to search for persons who have committed an administrative offense. That is, again, there must be a protocol or resolution in the case of an administrative offense. If there is no recording of the violation, then, accordingly, the conscript should be removed from the search.
Have you read the explanation of our lawyer? Please tell us in the comments what you think about the court’s decision in this case.