During Ukraine’s mobilization, draft notices may be sent through the mail, and those who ignore them can face fines for evasion. However, many reservists might not realize that postal service errors can occur, potentially making it possible to contest a summons. This was explained by attorney Roman Kychko in an interview with "Ukrainske Radio".

Errors Made by Postal Services

“As we're aware, draft notices can now be sent via mail. Simply put, a notice is legally considered delivered even if the recipient doesn’t pick it up. There needs to be an official note made on the mail item when it is returned. Yet, court rulings have shown that if the individual truly had no knowledge of the notice, and this is backed by evidence, then the court may conclude that the person was not properly notified of the call-up to the military enlistment office. In such cases, fines are usually overturned because the delivery was not executed according to procedure,” Kychko shared.

The lawyer pointed out that this would indicate a mishandling by the postal worker, who may have incorrectly documented the mail status. He added that individuals subject to conscription could prove they didn’t receive the notice properly.

“If the postman did not fulfill their duties properly or made no attempt to do so, there are several possibilities to consider. You might not have received the standard paper notice of delivery, and text alerts are now rarely used. That’s why I always advise clients to regularly check their physical mailbox—it’s unreliable to wait for an SMS. Usually, notice of a letter from the enlistment office appears on a slip of paper in your box. However, even that slip isn’t always delivered,” the attorney explained.

Kychko emphasized that not all marks made by postal workers on a draft notice prove that the person declined the mail or was not home.

“If someone refuses to accept the draft notice or is not at their registered address, a corresponding note is made on the package. Once this note is applied, the item is returned to the enlistment office within three days and considered served. However, this only holds true for two specific marks: 'not found at address' and 'refused to accept mail.' Regulation 560 defines these as proof of lawful delivery. Yet, many times, the note 'returned after storage period expired' is used. If that’s the case, then the entire process—from mailing the notice to its return—is flawed,” Kychko said.

In his conversation with journalists, the lawyer noted that enlistment staff sometimes try to impose fines even when incorrect delivery notes are clearly visible, but such fines are legally baseless.

“Courts later examine what mark was put on the letter, how it was delivered, whether the individual was actually notified of its arrival, and when it was returned,” he said.

While Kychko advises against ignoring summonses, he stresses the importance of paying attention to the specific administrative marks added to the correspondence.

Reservists Can Prove They Didn’t Receive the Notice

Additionally, the attorney shared that conscripts can prove that a letter was not properly delivered by contacting the postal service directly.

“If you are absolutely certain that no physical notice was placed in your mailbox but you received a fine or enforcement notice, you should approach the postal service—either personally or through a lawyer’s request—and ask how exactly the letter was sent and in what way the recipient was informed about it. If discrepancies arise—either in the markings or with the claim that you were notified—this shows due process was violated, and issuing a fine for failing to appear under that notice is unlawful,” Kychko assured.

The lawyer clarified that if a person genuinely didn’t receive or was not made aware of a summons, it's necessary to work through the issue with the postal provider, attach their formal reply to a legal complaint, and use it as supporting evidence to challenge the fine’s legality.

Important Updates on Mobilization in Ukraine

Previously, Deputy Head of the Presidential Office, Colonel Pavlo Palisa, advocated for comprehensive changes to mobilization procedures. He suggested implementing short-term military contracts for both men and women.

Additionally, UNIAN has reported who will not be subject to mobilization starting April 1. It is also worth noting that Ukraine has extended the mobilization period until May 9, 2025.

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