Are the actions of the TCC legitimate when serving summonses in gyms?

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18.12.2023 14:21 574

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Photo of lorina200215 Lorina Fedan

During martial law and general mobilization, the law does not prohibit the serving of summonses in any public place. Therefore, based on the general provisions of the law, TCC employees have the right to serve summonses in gyms and fitness centers.

In order for representatives of the TCC and law enforcement agencies to have the authority to enter the territory of private enterprises, institutions, and organizations, and even more so to serve summonses in the specified places, they must have sufficient and justified grounds for carrying out these measures.

No one has the right to trespass on private territory without legal grounds, since gyms and fitness centers are precisely private territory, and not a public place where, by law, TCCs have the right to serve summons without hindrance.

Only law enforcement agencies, and only on the basis of a reasoned and justified court decision, have the right to enter private territory without warning or interference.

However, the TCC does not have such powers.

Therefore, it should be noted that the TCC serves summonses in gyms illegally and without sufficient legal grounds.

Even during martial law, there should be no arbitrariness and lawless behavior on the part of military structures.

If the TCC has already entered the territory of the fitness center or gym without hindrance in order to serve a summons to a conscript, TCC employees have the right to make sure that they are serving the summons to the right person.

To do this, it is necessary to request documents from the person to verify personal data. However, the law does not give TCC representatives the right to demand and check documents from individuals.

Only if the TCC carries out raids together with a police patrol, the police can check identity documents only if there are grounds clearly defined in the Law of Ukraine "On the National Police".

In the event that the reason for presenting the document is not notified and is unjustified, the person has the right not to provide the documents.

And even martial law is not a reason for illegal actions.

Conscripts have the right to demand from officials documents that confirm their identity and the authority to issue summonses.

Without the specified documents, representatives of the TCC do not have the right to issue subpoenas.

It should also be noted that TCCs have no right to forcefully detain men in gyms and take them anywhere.

Any coercive actions regarding the detention of a person are illegal and not provided for by law.

18.12.2023 14:23

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