19.05.2024 Мobilization

Gentle mobilization or reprisals against undesirables? How does the Reserve+ work and why are men being persecuted?

Мобилизация в Украине - будут ли поступать повестки в Резерв+ - Главред

The Ministry of Defense has launched a new application, Reserve+. However, as is often the case, the project is not fully developed and contains a large number of bugs. In particular, the men report that the app displays information that even those who have already updated their data and have a reservation are allegedly wanted. Is this a mistake by the developers? Or is it a deliberate trick to push men to visit the Territorial center of acquisition and then force them to pay a certain amount? Let’s find out.

Briefly about Reserve+

The Reserve+ mobile application was created to update the military registration data of Ukrainian men aged 18 to 60. Now, instead of going to a territorial recruitment center, they can update their data online.

According to the Ministry of Defense: “the application is protected from DDOS attacks and enemy attempts to hack it, so the authorization function may not work for everyone at the same time.”

In fact, it is difficult to consider this system official. It is an auxiliary system of police officers that contains operational information that should help these officers in their daily work.

This system has nothing to do with the status of Ukrainian citizens, let alone the restriction of their rights. However, there are many cases when information that does not correspond to reality is entered into ARMOR (an integrated information retrieval system of the Ministry of Internal Affairs of Ukraine, the name stands for “Automated Workstation of an Operative Officer”) at the request of the Territorial center of acquisition.

“You are wanted”: what does it mean?

Often, police officers deceive men by informing them that they are in the ARMOR’s search database of “evaders” allegedly in connection with an administrative violation of the rules of military registration. In fact, the person has not yet committed any violations.

However, certain events are required to be included in the ARMOR database, and with it, a wanted list.

First, a summons must be served in accordance with the requirements of the law. If the summons is ignored, the Territorial center of acquisition employees may draw up an administrative report against the citizen who failed to appear at the Territorial center of acquisition. However, it should be noted that just as any report on an administrative offense can be appealed to the court, so this report should be subject to judicial review. Every citizen of Ukraine has the right to go to court to protect their violated rights. Therefore, only after the trial can it be concluded whether the person found guilty will be required to pay a fine or whether it will turn out that the citizen’s guilt has not been proven.

Accordingly, in the event of a guilty verdict on an administrative offense, the Territorial center of acquisition may apply to law enforcement agencies to bring the citizen to the Territorial center of acquisition.

The Territorial center of acquisition may file an appeal to the police. Only after that, the police have the right to carry out administrative detention and bring in persons liable for military service who have committed administrative offenses under Article 210 of the Code of Administrative Offenses for drawing up a report.

In addition, according to the innovations introduced on May 18, all evaders who have received several fines and do not appear at the Territorial center of acquisition will face criminal liability.

What does the criminal law say?

Based on the provisions of Article 281 of the CРC of Ukraine, the legislator provides for the following grounds for putting a suspect on the wanted list:

  • the suspect’s whereabouts are unknown;
  • the person is outside of Ukraine and does not appear without good reason when summoned by the investigator or prosecutor, provided that he or she has been duly notified of such summons;
  • the investigator or prosecutor has taken all necessary measures to establish the location of the suspect.

If, as a result of the measures taken, the suspect’s whereabouts could not be established, a search is announced. The pre-trial investigation materials are attached to the documents that indicate that the suspect is hiding and his or her whereabouts are unknown, namely: confirmation of receipt of the summons by the suspect (in accordance with Art. 133 of the CPC of Ukraine); the decision to bring the suspect and the results of its execution (in accordance with the requirements of Articles 140-143 of the CPC of Ukraine); protocols of interrogations, other investigative (search), covert investigative (search) actions that were conducted to establish the suspect’s whereabouts; certificates (from the place of work, study, passport service, military registration and enlistment office, border service, medical institution), etc.

That is, in the materials of criminal proceedings opened under Article 336 of the Criminal Code (evasion of conscription for military service during mobilization, for a special period, for military service by conscription of persons from among reservists during a special period) of Ukraine: there should be such documents as: a copy of the served summons signed by a citizen of Ukraine, a copy of the protocol on an administrative offense signed by the citizen in respect of whom it was drawn up, a court decision based on the results of consideration of this administrative protocol, if the protocol was appealed to the court, an appeal by the representative of the

Thus, as we can see, representatives of the Territorial center of acquisition and police officers need to make significant efforts to put a Ukrainian citizen on the wanted list.

So what does “wanted” mean in Reserve+?

We can only guess what the developers’ motives were when creating the “Wanted” sign. Perhaps it was meant to motivate men to visit the Territorial center of acquisition in order to solve the problem of being wanted. Or, on the contrary, it could be a way to intimidate them so that they have no choice.

Or it could be a means of extortion, when, after appearing at the Territorial center of acquisition, employees would demand payment of the default amount to “remove from the search.”

In any case, it looks like a game where there is only one winner – the authorities.

What to do and where to go?

The team of the NGO “Non-Stop” will help to fight abuses and corruption committed by TCC employees and law enforcement officers within the law. We will cover our activities in the media so that everyone can protect their rights.

Report any violations you know about to the chatbot or email info.nonstopukraine@gmail.com

Important: we do not disclose personal data. All requests remain anonymous. We provide our services free of charge.

Did you witness a crime?

Let us know about it. We will help protect the violated rights!

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