Military Recruitment Centers Lack Authority to Halt Vehicles at Checkpoints

Vehicle Stops: The Legality of Actions by Territorial Recruitment Centers

According to ХВИЛЯ: Lawyer Yuliia Antoniuk has stated that personnel from Territorial Recruitment Centers (TRCs) are not legally permitted to stop vehicles on their own. Under Article 35 of the Law 'On the National Police,' the exclusive right to pull over cars rests with the police. It is important to note that mobile checkpoints are not provided for by any regulatory act, which raises questions about the lawfulness of actions at such checkpoints.

According to available information, the authority to stop vehicles is clearly defined in legislation. The procedure for checking documents, inspecting belongings, and searching vehicles during martial law is also governed by the Law 'On the Legal Regime of Martial Law,' as well as resolutions of the Cabinet of Ministers of Ukraine No. 1455 and No. 1456. Resolution No. 1455 establishes that authorized individuals may check documents and inspect vehicles only if there is an order from the military administration to set up a specific checkpoint. If a checkpoint does not meet these requirements, a driver has the right to refuse to stop.

Driver Rights and Access to Lawyers

Yuliia Antoniuk noted that even after a stop, police often involve TRC representatives for further document checks, but there must be grounds for the stop.

“Law enforcement officers cannot do this based solely on their own desire,” said Yuliia Antoniuk.

She added that mobile checkpoints are not stipulated by any regulatory act, so at such checkpoints, one cannot speak of the legality of document checks or vehicle inspections.

The lawyer also emphasized the importance of having a pre-signed agreement with an attorney:

“It is advisable that a contract with a lawyer already be in place so that they can enter, as there are cases where defenders are not allowed in, sometimes even with a contract,” said Yuliia Antoniuk.

According to her, the situation regarding lawyers' access to their clients is generally calmer in other regions, while in Kyiv, conflicts may arise.

This information underscores the importance of adhering to the law during vehicle inspections, especially under martial law. Clearly defined rules and authorities can prevent abuses by law enforcement and ensure the protection of citizens' rights. Since the legality of checkpoints and inspections remains a pressing issue, it is crucial that all participants in the process follow established norms and ensure legal transparency in their actions.