The Ministry of Defense answered whether TCC employees have the right to detain people to update data

від Савицький Олексій
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Representatives of the TCC have no right to detain citizens and bring them to the Territorial Recruitment Center to update their military registration data.

This is stated in the response of the Ministry of Defense of Ukraine to the request of RBC-Ukraine

According to the Ministry of Defense, only police officers have the right to administratively detain and bring a citizen to the TCC. Authorized representatives of the TCC do not have such rights.

At the same time, during martial law, authorized representatives of the TCC take measures together with police officers to administratively detain and bring to the TCC citizens who refuse to receive summonses or violate the rules of military registration.

This is stated in paragraph 10 of paragraph 15 of the procedure for conscription of citizens for military service during mobilization for a special period, approved by the Cabinet of Ministers of 16.05.2024 No. 560.

Thus, administrative detention of a citizen by a police officer may take place in the presence of authorized representatives of the TCC. It is also not prohibited by law to deliver a citizen detained by a police officer in a TCC vehicle, provided that the police officer is present in it voluntarily (i.e. not against the will of the citizen),” the Ministry of Defense explained.

When checking military registration documents – in case of refusal to go to the district (city) TCC, a police officer who is a member of the alert group carries out administrative detention and delivery of the citizen to the TCC on the basis of Articles 261 and 262 of the CAO.

In turn, during the verification of documents, the proposal to “go to the TCC” must come from the senior of the alert group (judging by the resolution, only a representative of the TCC can be a senior) in such cases:

▪️у in case it is established that a citizen violates the rules of military registration, as defined by the Procedure for Organizing and Maintaining Military Registration of Conscripts, Persons Liable for Military Service and Reservists, approved by CMU Resolution No. 1487 or the Law “On Mobilization Training and Mobilization”,
▪️ discrepancies between a military registration document and the military registration data of the Unified State Register “Oberih”.
In addition, police officers can carry out administrative detention and bring a person to the TCC on their own:

▪️за absence of a military registration document (or an electronic military record)
▪️ information in registers and databases (banks) included in the unified information system of the Ministry of Internal Affairs on the search for such a person.

It also stipulates that the heads of territorial police bodies (units) are to be appointed:

▪️ at the request of the CMC, administrative detention and delivery by police bodies (units) to the specified centers and bodies of reservists and persons liable for military service who have committed administrative offenses under Articles 210 and 210-1 of the Code of Administrative Offenses. Administrative detention of such persons is carried out regardless of their place of military registration. In this case, the person is taken to the nearest TCC;
▪️ TCC on the impossibility of administrative detention and delivery within 30 calendar days to such a center of persons who have committed administrative offenses under Articles 210 and 210-1 of the Code of Administrative Offenses;
▪️ police checks of military registration documents (electronic form) together with an identity document for male persons aged 18 to 60 years, and in case such person does not have a military registration document (electronic form) or information is available in the registers and databases (banks) included in the unified information system of the Ministry of Internal Affairs on the search for such person, administrative detention and delivery of such person to the nearest TCC.

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