Official Clarification from the National Police of Ukraine on the Lack of Legal Authority to Enforce Military Mobilization or Administrative Penalties under Article 210‑1 KUoAP

This official response from the National Police of Ukraine was issued in reply to a formal inquiry requesting clarification of the police’s legal powers in relation to administrative offenses under Article 210-1 of the Code of Ukraine on Administrative Offenses (abbreviated as KUoAP). This article refers specifically to violations related to military registration, mobilization duties, and failure to appear at military enlistment offices.

The inquiry questioned whether police officers have the authority to detain civilians, issue fines, or perform enforcement actions in cases where a person allegedly fails to comply with mobilization rules — especially when such enforcement is initiated by Territorial Recruitment and Social Support Centers (abbreviated in Ukrainian as TRC & SP), which are the government bodies responsible for military mobilization and registration.

In its response, the National Police clearly states that under Articles 222 and 255 of the KUoAP, the police are not authorized to issue protocols (official charges) for administrative offenses under Article 210-1. Nor do the police have the legal power to investigate or process cases related to this article.

Instead, the law designates TRC & SP as the only competent authority to handle such matters. These Territorial Recruitment and Social Support Centers, operating under the Ministry of Defense of Ukraine, are responsible for registering individuals for military service, issuing summons, and processing violations related to mobilization. But they do not have the power to transfer enforcement responsibilities to police officers without a separate legal basis.

Moreover, the response emphasizes that the National Police of Ukraine is not empowered to interpret laws or provide legal opinions. According to the Law of Ukraine “On the National Police,” the police can only act within the scope of authority explicitly assigned to them by the Constitution and by laws passed by Parliament. No institution — including the Ministry of Defense — may assign additional responsibilities to police officers without formal legislation.

The legal conclusion of this response is unambiguous: police officers in Ukraine do not have the right to detain civilians or issue administrative charges under Article 210-1 at the request of TRC & SP. Such actions fall entirely outside the legal jurisdiction of the police.

This means that if a civilian is stopped, fined, or taken to a military enlistment office by the police — on the basis of alleged mobilization violations — these actions are unlawful, unless backed by proper legal procedures and issued by the competent authority (TRC & SP) within the limits of their powers.

This document is a clear and formal confirmation that the widespread practice of police enforcing military mobilization through detentions or forced delivery to enlistment offices has no legal basis in Ukrainian law and constitutes an overreach of authority.