What to do if the TCC takes away a passport or other documents: advice from a lawyer
0
There is a list of things that can be legally seized.
Lawyer Dmytro Franchuk told RBC-Ukraine how to act in case of illegal seizure of documents. According to him, TCCs have the right to take only military registration documents, such as:
- military ID;
- attribution certificate;
- temporary certificate of military service other documents confirming suitability for military service.
Franchuk emphasizes that military commissariat employees have no right to seize documents that are not related to military records, such as passports, driver's licenses or bank cards, etc.
“Their powers are limited to inspection and seizure exclusively military registration documents (military ID card, registration certificate) in cases provided for by law,” the lawyer notes.
What to do in case of illegal seizure of documents
The lawyer offers the following algorithm of actions in case of illegal seizure of documents:
- Ask about the grounds for seizure of documents. The lawyer advises to first ask the employee of the TCC on what basis he withdraws the documents. It is necessary to demand to show a legal act, order or other documents confirming the legality of these actions. This will help to find out whether representatives of the TCC are acting within their powers.
- Record the conversation or make a video. If there is an opportunity, it is worth recording the conversation or filming the process of removing documents. Such a record can become an important piece of evidence if the case goes to court. It can also help prove the fact of illegal seizure of documents.
- Contact the police. In case of illegal seizure of documents, you must immediately file a report with the police. The application must be registered in accordance with the requirements, and the person from whom the documents were seized has the right to receive an extract from the register about the registration of the application.
- Complaint to the prosecutor's office or court. If the police do not respond or the situation requires additional actions, the lawyer advises to file a complaint with the prosecutor's office or the court. This may be necessary in order to defend your rights and demand the return of documents.
- Contact human rights organizations. If the case becomes more complicated or requires additional support, it is important to contact human rights organizations. They can provide additional legal assistance and support, as well as contribute to publicizing cases of rights violations.
Franchuk added that neither the TCC nor any other institution has the right to violate your legal rights.< /p>
Leave a Reply