REMOVAL FROM THE TCC WANTED

Recently, many of our citizens who are subject to military service in Ukraine have faced the problem of being entered into the “wanted by the TCC” database with the aim of delivering these conscripts to the police as persons who have violated the requirements of Ukraine’s mobilisation legislation.
A citizen who is liable for military service and of mobilisation age (between 25 and 60 years old) usually finds out that he is wanted by the TCC from an entry in Reserve+ (the TCC has contacted the police to deliver you to the TCC), but this often comes as a surprise: a person leads a normal life, works or studies, and when the police check their documents, it turns out that the person is wanted by the TCC, and therefore conscripts have a logical question: how to remove the TCC search? Two aspects are important here: understanding the legal grounds for removing the TCC search and professional assistance from a solicitor in removing the TCC search.
The most effective and quickest way to remove a TCC search is to contact a qualified military lawyer who provides legal services for removing a TCC search, because a lawyer specialising in removing a TCC search warrant knows the legislation in the field of mobilisation, has experience in cases involving the removal of TCC search warrants, and can act quickly and effectively.

How to remove a TCC search?

To remove a TCC search, you must first establish the reason and legal basis for entering a person in the police register as a person who must be delivered to the TCC.
The most common grounds for a TCC search are:

• failure to appear in response to a summons from the TCC;
• technical error in the Oberig registry;
• double registration in different TCCs;
• suspicion of evading military duty and mobilisation.

After that, an application for removal from the TCC search is submitted, which must contain references to the provisions of the law and justification why the TCC search is illegal.
A lawyer specialising in removal from the TCC search list drafts and prepares an application for removal from the TCC search list, which the conscript submits to the relevant TCC for consideration.
The TCC considers such a statement and, if there are legal grounds, is obliged to satisfy it and remove the TCC from the search. If the TCC refuses to remove the search, the next effective step to protect your rights is to file a lawsuit with the court to appeal the TCC search.
In this case, the procedure for removing the TCC from the wanted list through the court applies, where the key factors are proper and admissible evidence and a qualified legal position in the case.

How to remove yourself from the Reserve+ search?

The phrase “You are wanted by the TCC in Reserve+” means that the person has been entered in the register of conscripts who are considered to have violated the rules of military registration.
In such a situation, it is important to act quickly, as this status may affect:

• the ability to cross the Ukrainian border;
• official employment in Ukraine;
• opening bank accounts;
• restrictions on movement as a pedestrian;
• restrictions on movement as a driver of a vehicle;
• etc.

There are two effective ways to remove yourself from the Reserve+ wanted list:

1. Officially submit documents to the TCC to remove the search through a lawyer — formalise the removal from the TCC search.
2. Challenge the illegal actions of the TCC through the courts.

If you have a lawyer acting on your behalf, this allows you to be removed from the wanted list without personally visiting the TCC, i.e. without appearing before the TCC.

How quickly is the TCC search removed?

Clients are often interested in the following question: how long does it take to remove a wanted notice from the TCC?
The law does not establish a specific time frame for removing a TCC search, but practice shows that the procedure for removing a TCC search usually takes from 7 days to 1 month, depending on the specific case and the legal grounds for the TCC search for the person, whether the TCC legally entered the person into the TCC search database, and other factors that affect the speed of removal from the TCC search.
Factors and circumstances that affect the speed of removal from the TCC search:

• a correctly and competently completed application for removal from the TCC search
• establishment of the grounds for entering the person into the TCC search database
• was the person brought to administrative responsibility in accordance with the law?

In complex cases, a lawyer may file a complaint or lawsuit, in which case the issue of removal from the TCC search list is decided by the court, so in the event of an appeal against the TCC search list in court, it takes an average of 2-3 months.
If you want to know how to quickly remove yourself from the TCC search, the process is almost always delayed without a lawyer.

What to do if you are wanted?

1. The first rule is not to panic, hide, or ignore the situation with the TCC search.
2. Check whether your details have actually been entered into the TCC and police search database (this can be done by a solicitor through a solicitor’s request).
3. Determine the legal basis for entering a person into the police search database.
4. Choose a strategy: an administrative appeal to the TCC with a request to remove you from the TCC search list, or a judicial appeal by filing a lawsuit to challenge the TCC search through the courts.

Independent actions often lead to legal errors, which significantly delay the process of removal from the TCC search and often make it impossible to do so independently.
For example, an incorrect form of application for removal from the TCC search list may be a reason for refusal to remove the TCC from the search list, which is why qualified legal assistance in removing the TCC from the search list is the best solution, and a lawyer for removing the TCC from the search list is your reliable partner in quickly solving your problem.

Who removes a person from the TCC search?

In fact, there are two instances that can remove the TCC search, namely:

• the TCC itself, if it acknowledges its mistake or receives the necessary documents from you for removal from the TCC search list;
• the court, if the case requires a legal solution and there is an unjustified refusal by the TCC to remove the TCC search.

In other words, the answer to the question of who removes the TCC from the wanted list depends on which method you choose to remove the TCC from the wanted list.
The first step in removing the TCC search is a mandatory application for removal of the TCC search, which is submitted directly to the TCC for consideration.
If the TCC unreasonably and groundlessly refuses to remove a person from the TCC search, such actions of the TCC are clearly illegal, and therefore, in this case, the subject of removal from the TCC search is the court, which, by its decision, obliges the TCC to remove the person from the search.

Can a lawyer remove a person from the TCC wanted list?

A lawyer for removal from the TCC search list does not make decisions instead of the TCC or the court, but creates conditions under which the case for removal from the search list is resolved as quickly and efficiently as possible.
The services of a lawyer for removal from the TCC search consist of:

• gathering evidence to file an application for removal from the TCC wanted list or a lawsuit in court;
• drafting an application for removal from the TCC search list;
• filing complaints against unlawful actions of the TCC;
• representing the interests of the conscript in court.

Thanks to their experience, lawyers specialising in removal from the TCC search list know exactly which arguments work best, which is why their assistance in removing a person from the TCC search list yields practical and positive results.

How to find out if a person is wanted by the TCC?

Currently, there is no public online registry where you can independently check the status of a person wanted by the TCC, so there are two effective ways:

1. Contact the TCC in person to clarify this circumstance (but this can be dangerous).
2. Use the services of a solicitor who has the right to send a solicitor’s request and receive a response from the TCC regarding whether you are actually wanted by the TCC. This is safer, as you do not risk being subject to coercive measures.

The note in Reserve+ that the TCC has contacted the police to deliver and search for you is not always relevant and reliable, as there are a number of technical errors and inaccuracies in the Oberig database, which is why the information in Reserve+ regarding the TCC search is not always true.

How to appeal against a TCC search?

If a conscript is confident that his inclusion in the TCC search database is illegal, i.e. that it was done in violation of the procedure for declaring a person wanted by the TCC, a logical and consistent question arises: how to appeal against the TCC search?
The administrative method of appealing against unlawful actions of the TCC, i.e. appealing to a higher TCC with a complaint about the actions of subordinate TCCs, is usually ineffective, Therefore, the process of appealing against an unlawful search by the TCC is done through the courts: a lawyer files an administrative claim with the court, collects the necessary documents and evidence, and argues why the TCC’s decision is unlawful.
Court practice in recognising TCC searches as unlawful shows that, in fact, almost all well-founded cases are decided in favour of the plaintiffs and the court cancels the unlawful TCC search.

How to remove a TCC search without appearing before the TCC?

Most often, clients are interested in a remote solution to the issue of removing the TCC search.
If you are unable to appear at the TCC in person or do not wish to do so, a military lawyer can help you with this issue. Their services include the following:

• the lawyer submits an application to remove the TCC search on your behalf, i.e. removal of the TCC search is possible in this case without appearing at the TCC;
• all documents are processed without your presence.

This method is called remote removal of the TCC search or removal of the TCC search from a distance.
It is especially relevant for those who are abroad.

What are the grounds for declaring a search for the TCC?

The grounds for declaring a search by the TCC vary, but mainly involve various violations of mobilisation legislation, in particular:

• ignoring a TCC summons;
• failure to appear when summoned by the TCC;
• errors in the military registration data of a conscript;
• failure to update personal data;
• failure to update military registration data in a timely manner;
• failure to notify in a timely manner of a change of residence;
• failure to report changes in other personal data of a person liable for military service;
• etc.

Upon discovering one of these violations, the authorised TCC official is obliged to draw up the relevant procedural documents to bring the guilty person who committed the administrative offence to justice (protocol and decision on administrative offence) and to prove it in a proper manner and in the manner prescribed by law to the person brought to administrative responsibility, and only after that the TCC has the right to legally place the person on the wanted list. The TCC This is a clear and consistent algorithm of actions, which is the only basis for legally declaring a person subject to military service wanted.

What are the grounds for removing a person from the TCC’s wanted list?

The grounds for removing a person from the TCC search are the existence of circumstances that negate the grounds on which the person was entered into the search database, in particular:

• confirmation of the absence of violations of military registration rules by the person liable for military service;
• correction of technical errors in the Oberig database;
• the absence of a ruling in a case of an administrative offence against a person liable for military service;
• a court decision on the appeal of an illegal search for a person subject to military service.

Upon establishing that there are no grounds for declaring a TCC search, TCC and SP officials are obliged to immediately enter information into the Oberig and Reserve+ databases and the police database about the removal of the TCC search from the conscript.

How much does it cost to remove a TCC search?

This question concerns all of our clients, but the price of removing a TCC search depends on:

• the complexity of the case for removing the TCC search;
• the method of removing the TCC search (through the TCC or the court);
• the time frame for removing the TCC search;
• the number of legal actions taken by the lawyer in the case of removing the TCC search.

Our law firm has a fixed price for services related to removing a TCC search, which is agreed upon and discussed with the client in advance before concluding a contract for the provision of legal assistance and before the start of the legal process of removing the TCC search.
The approximate cost of legal services for removing a TCC search is as follows:

• legal consultation on removal from the TCC search list — from 1,200 UAH;
• drafting an application for removal from the TCC search — from UAH 5,000;
• full support of the case for removal from the TCC search — from UAH 14,000.

Therefore, the cost of a lawyer’s services for removing a TCC search varies, and therefore, it is always better to decide and agree on the cost of removing a TCC search with a military lawyer.