Taking Cars for Avoiding Mobilization: What Does the Law Really Say.

According to ТСН: Many Ukrainians are worried that ignoring summons or violating military registration rules could lead to their cars being confiscated. However, the legislation clearly distinguishes between cases of restriction of rights and confiscation of property.

Lawyer Roman Simutin explained that the concerns regarding the forced confiscation of cars in case of evading conscription are excessive. The law does not provide for the automatic confiscation of a vehicle solely for failing to appear at the military enlistment office.

Instead, there is another mechanism: a temporary restriction on the right to drive a vehicle.

Key Points

• The military enlistment office does not have the right to independently confiscate driver's licenses or vehicles.

• The restriction on driving can only be imposed by the court.

• This does not mean permanent deprivation of rights, but rather a temporary ban on driving.

In practice, implementing such a procedure is quite complicated. Currently, there are not many court decisions regarding the restriction of the right to drive due to evasion of mobilization, as the process of proving guilt is legally complex.

When Real Confiscation is Possible

Simutin noted that the confiscation of a car is an entirely separate legal procedure that is applied only in cases unrelated to administrative offenses within the framework of mobilization legislation.

Confiscation of property, including a car, is only possible for criminal offenses with a material component where the law expressly provides for such a sanction. Evasion of mobilization is not included in the list of such crimes.

Will Cars Be Taken for Non-Payment of Fines from the Military Enlistment Office

Another concern for drivers is the possibility of selling a car to pay off large fines from the military enlistment office. The expert assures that even if a conscript is fined, say, 100,000 hryvnias, while their car costs much more (for example, a million), the enforcement service will not seize the car for sale at auction.

Such actions contradict the principles of proportionality and justice, so they are not applied in practice.

It should be noted that earlier, a representative of the Verkhovna Rada Committee on National Security, Defense and Intelligence, Fedir Venislavskyi, stated that Ukraine must prepare all its citizens, including women and men, for national resistance.

This information is important in the context of the current situation in Ukraine, where, during martial law, it is crucial to comply with the law and understand one’s rights. Clear knowledge of legislation will help avoid misunderstandings and hasty conclusions about possible consequences.