Can a summons be issued during an active deferment: lawyer’s explanation

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Can a summons be issued during an active deferment: lawyer’s explanation

The existence of an active deferment from mobilization does not exempt citizens from the obligation to properly respond to calls from the Territorial Recruitment Center (TRC) regarding a summons.

This is reported by Finway

Deferment and the obligation to appear for a summons

Lawyer Roman Kychko explains that even if a person has an officially granted deferment, they must still appear when summoned if they receive a notice from the TRC. According to him, such a person cannot be mobilized, but the law does not allow ignoring the summons.

“I personally addressed this issue regarding several individuals, and those searches were later lifted because the requirements did not apply to them at that time. However, even if a person has a deferment, it does not exempt them from the obligation to appear for the summons. In other words, a person cannot be mobilized, but if a summons is received and you have a deferment, you must appear for that summons,” Kychko explains.

He also points out that the military registration application “Reserve+” automatically receives part of the data from the registries. This can lead to technical errors where a person is mistakenly declared wanted. In such cases, according to the lawyer, the search is canceled after clarifying the circumstances.

Responsibility for failing to fulfill obligations

Kychko emphasizes that even if all data is entered into the “Reserve+” application, this does not guarantee the absence of additional questions from the TRC, as there may be unresolved information from previous years regarding those liable for military service. The lawyer notes that this can be considered a continuing offense if a person has not updated their information previously and is not doing so now.

Therefore, regardless of the existence of a deferment, if a summons is received, it is necessary to appear at the TRC. Otherwise, a person may be declared wanted and held administratively liable, including being fined.