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Mobilization in Ukraine: can a driver's license and a draft evader's car be confiscated?

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Society Ukraine

The new draft law on mobilization, adopted by MPs in the first reading, provides for certain restrictions for draft evaders.

Mobilization in Ukraine: can a driver's license and a draft evader's car be confiscated?

Lawyer Roman Kychko told Telegraf whether the evader's driver's license and car could be confiscated.

According to the lawyer, representatives of the TCC and SP will not make decisions on the use of such means of influence on their own. Only a court can do this.

In case of non-fulfillment of duties by a person liable for military service or a reservist during mobilization, the TCC and SP will apply to the National Police for administrative detention and delivery of a person liable for military service or a reservist.

If the National Police fails to implement this within 15 days, the TCC and SP sends a request to the conscript/reservist. For those who are registered in the electronic cabinet of a conscript, conscript, reservist, the request is sent through the account.

"In this case, the request will be considered served on the day of departure, and if the shipment took place after 17:00 - the next day - regardless of whether the person liable for military service has read this information in his electronic account. Otherwise, the demand is sent by mail and will be considered served on the day of delivery of the demand against receipt or on the day when the post office put a mark on the refusal to receive the letter," the lawyer explained.

From this time, a person liable for military service or a reservist will have 10 days to fulfill the requirement, namely, to apply to the TCC and SP. If this does not happen, the TCC has the right to go to court within five days. The lawyer added that the court will appoint a hearing to which the conscript will be invited.

"The category of such cases will be considered according to the rules of administrative proceedings. Since the proceedings were opened, the lawyer advises to use the services of a lawyer, because the decision will be made quite quickly - within 15 days," he explained.

Kychko noted that the court's decision will be submitted to the state executive service, which will act in accordance with the law "On Enforcement Proceedings". According to him, the law does not clearly state how the court decision should be enforced in terms of restricting the right to drive a vehicle. Currently, such a restriction is imposed only on those men who have arrears in the payment of alimony.

"And it is not yet proposed to amend the law "On Enforcement Proceedings" regarding the restriction of the right to drive a car. But it is possible that such changes will not be introduced later," the lawyer explained.

Kychko does not believe that the driver's license will be withdrawn. At the same time, he reminded that driving a vehicle, despite the restrictions, entails deprivation of the right to drive a car for a period of 3 to 6 months. If a person violates the temporary restriction again and gets behind the wheel again, a fine of UAH 20,400 may be imposed on him.

For the third similar violation, a fine of two thousand four hundred non-taxable minimum incomes of citizens (this is UAH 40,800), with deprivation of the right to drive for a period of five to seven years and with or without paid seizure of the vehicle. In this case, the police officer even has the right to seize the vehicle and put it on the impound lot.

Read also: Mobilization in a new way: a lawyer told how draft evaders will be punished

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