Lawyers commented on the new procedure for organizing and maintaining military records of conscripts, conscripts and reservists, which provides for facilitating their return to Ukraine from abroad during mobilization, during wartime and during special periods. This is reported by RBC-Ukraine.
According to the new rules, foreign embassies must notify Ukrainian conscripts abroad about the start of conscription and facilitate their return home. This applies to Ukrainians who are on temporary consular registration and who have reached conscription age, do not have a deferment or are not exempt from conscription.
Also, the embassy will keep military records of conscripts, conscripts and reservists who are on temporary consular records, according to a list kept in the institution for five years.
At the same time, they will transfer data about this category of population to Ukrainian specialized bodies.
Ihor Yasko, the managing partner of the Winner law firm, explained that such an account with the registration of the place of stay abroad is only voluntarily entered into. Only Ukrainians who have registered information about themselves will receive a notification about the start of the next draft.
According to Yask, in general, such an account is needed to ensure the safety of citizens in the event of natural disasters, revolutions and other extraordinary events, crossing the border of Ukraine by car with European registration and during a stay abroad for 60 days in one year.
Also, Ukrainians who are registered can use social benefits, in particular, participate in Ukrainian elections, lawyer of Riayako&Partners legal company Kateryna Anishchenko said.
At the same time, Yasko emphasized that informing about the call does not imply that the employees of the diplomatic service are obliged or have the right to serve summonses or forcefully deport Ukrainians from other countries.
"Deportation is beyond their competence and can only take place by the decision of a court of a foreign state," he explained.
At the same time, Anishchenko reported a certain gap due to the lack of a clear mechanism, which provides for the procedure of "facilitating" the return of conscripts and reservists to Ukraine.
"... A specific type of administrative punishment, which consists in offering a foreigner or a stateless person to voluntarily leave the country of residence, can be applied only to persons who maliciously violate the order of the country of their residence," said the expert.
According to her, the only measure of punishment can be administrative responsibility for failure to appear at the TCC (military commissariat) in wartime during general mobilization - a fine in the amount of UAH 3,400-5,100.
At the same time, Yasko draws attention to the fact that the resolution does not specify how the diplomatic mission should facilitate the return of Ukrainians. He assumed that the Ministry of Foreign Affairs would issue a clarification or send a letter directly to diplomatic missions.
He also suggests that facilitating the return could mean holding information campaigns and propaganda.
At the same time, he does not rule out that the clause regarding such measures may lead to abuse, for example, refusal to issue a lost foreign passport.