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Order No. 423 Defines Rights of Territorial Recruitment Center Staff: No Detentions, Phone Seizures, or Document Photos Allowed

Order No. 423 Defines Rights of Territorial Recruitment Center Staff: No Detentions, Phone Seizures, or Document Photos Allowed
Нові правила для працівників територіальних центрів комплектування: заборона на затримання, вилучення телефонів та фотографування документів.

Commander-in-Chief’s Order No. 423 of the Armed Forces of Ukraine

According to ХВИЛЯ: Issued by Commander-in-Chief Mykhailo Drapatyi, Order No. 423 outlines the responsibilities, rights, and limits of personnel working at Territorial Recruitment Centers (TRCs). This directive is specifically aimed at TRC employees and military personnel, explicitly forbidding them from detaining or escorting individuals-a role reserved solely for the police. The order introduces several other key protections designed to safeguard the rights of those subject to military mobilization.

Key Restrictions and Guidelines

The order forbids TRC staff from confiscating phones without the voluntary consent of the individual, and requires that phones be returned upon request. Additionally, taking photos of military registration documents on any device or sharing them in verification groups is prohibited. The order also sets standards for respectful communication:

  • If a conflict arises, TRC personnel must step back 2-3 meters and calmly explain the citizen’s rights and obligations.

Another critical mandate is continuous video recording around the clock during delivery, interaction, and the person’s stay within the TRC, including in all rooms and restrooms. Violations of this order can lead to disciplinary action under the Armed Forces’ regulations for failure to follow command directives. However, enforcement of these consequences remains rare in practice.

Legal expert Polina Marchenko from the ‘Advocate Plus’ association stresses the importance of military personnel and reservists being familiar with this order to protect their rights. She commented:

"This is an excellent order-truly outstanding. I hope every TRC prints and displays it prominently in every office." - Polina Marchenko

Marchenko notes that clients typically hesitate to pursue disciplinary action out of fear it might worsen their situation. "None of my clients have ever wanted to hold anyone accountable. They say, ‘No, I’m home now, thank God, and I don’t want to make things worse for myself,’" she explains.

She also highlights that awareness of Order No. 423 can encourage TRC staff to adhere to proper procedures. "If every citizen knew the rules in this order-or at least knew it existed and could say, ‘Stop, Order 423, please follow the instructions meant for you’-perhaps things would improve," Marchenko adds.

Order No. 423 marks an important advancement in protecting the rights of individuals subject to military service and clearly defining the scope of authority for TRC personnel. Proper implementation of the order has the potential to enhance cooperation between citizens and military bodies while building trust in these institutions. Nevertheless, ongoing oversight and human rights advocacy remain crucial, as the effectiveness of such policies depends heavily on their real-world enforcement.

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