A situation often arises when you are stopped anywhere by representatives of the TCC and SP (formerly the Military Commissariat Auth.) and ask to present a military ID, justifying that during martial law, everyone must have military registration documents with them. And if you refuse, then you will be detained and brought to administrative responsibility under Art. 210 of the Code of Administrative Offenses, explains lawyer Roman Simutin.
«Arguments of the Military Commissariat employees
- Article 8 of the Law “On the legal regime of martial law”.
Resolution of the CMU No. 1456 of
The order of the head of the Central Administrative Office (military-civilian administration) on the example of the head of the Chernivtsi regional administrative center from
02.05.2022p. “On certain issues of the organization of mobilization”, which obliged the citizens of the region to carry military registration documents with them for verification.
Indeed, Article 8 of the mentioned law allows the heads of the ACA to set restrictions on certain constitutional rights and freedoms, in particular, part 7 gives the right to check documents, cars, cargo, etc. in the order determined by the government.
And where does this order send? To Clause 7 of Resolution No. 1456, where the authorized person has the right to request documents certifying the person or the special status of the person. And not just like that, but only if there are 7 reasons, for example, if you have committed a crime.
Of course, not knowing which document certifies an individual or a special status, one might think that this is also a military ID, but let’s check the facts and the current norms of the law. Article 13 of the Law “On the Unified State Demographic Register” defines an exhaustive list of such documents that confirm the citizenship of Ukraine, certifying a person or his special status..
Documents certifying identity and citizenship, adds Roman Simutin, include a passport, including a foreign one. And documents certifying a person and his special status are a driver’s license and a migrant’s license. There is no military card in this list.
«The law, resolution and orders of the Central Administrative Court referred to by the TCC and the SP are not relevant to the verification of military registration documents. They only in exceptional cases grant the right to check documents certifying identity or special status. Therefore, threats of prosecution under Art. 210 of the Code of Criminal Procedure and detention — all this will be canceled by the court in a hurry, if you have an experienced lawyer».
Earlier, “FACTS” published a lawyer’s advice never to hand over original documents to a representative of the TCC.
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