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November 29, 2024The Supreme Court of Ukraine ruled that a summons cannot be appealed in court because it is simply a means of notifying an individual of the need to fulfill their military duty in accordance with the law.
This was reported by Sudyebno-Yurydychnaya Gazeta.
The decision was made by a panel of judges of the Cassation Administrative Court on October 23, 2024, in case No. 380 2838 24.
The plaintiff had been attempting to challenge the summons in court since 2022, claiming that it contained a forged signature of the acting head of the territorial recruitment center, lacked a date, the purpose of the summons, and instructions for notification and delivery.
The man argued that the summons should only be signed by the head of the territorial recruitment center and must be delivered personally or by authorized persons. He also claimed that an act of refusal to receive the summons should have been drawn up in his case, which was not done. He was criminally charged for refusing to accept the summons.
The Supreme Court emphasized that the actions of the territorial recruitment center in preparing and delivering the summons do not indicate a violation of the plaintiff’s rights, freedoms, or interests by an official. Furthermore, claims about violations of the procedure for delivering the summons or the premature/groundless accusation of a criminal offense may be subject to review in the context of the relevant criminal case.