Can Territorial Recruitment Centers Confiscate Driver’s Licenses at Checkpoints? A Legal Analysis and Clarifications
In recent weeks, social networks and messaging apps have been flooded with alarming reports: allegedly, Territorial Recruitment Center (TRC) staff, together with police, are confiscating driver’s licenses from men of conscription age directly at checkpoints. For many, this has caused panic and anxiety. But does such a practice have a legal basis? What mechanisms are actually in place, and how can you protect your rights in such situations? Here is a detailed, structured legal analysis from our team.
Do TRCs and Police Have the Right to Confiscate Driver’s Licenses at Checkpoints Without a Court Decision?
The legal answer is clear: neither TRC representatives nor even the police have the right to confiscate a driver’s license on the spot without a prior court decision.
According to Ukrainian law, the right to drive a vehicle is an administrative right of a citizen and can only be restricted by a court in strictly defined cases.
How the mechanism works:
- If TRC staff suspect that a person is evading mobilization duties, they must first file a request with the court (see Article 25 of the Law of Ukraine “On Mobilization Preparation and Mobilization” No. 3543-XII, as amended).
- The court checks whether all necessary legal steps have been exhausted:
- whether the summons was properly delivered,
- whether the person was declared wanted,
- whether evasion of mobilization duties has been proven (see Article 336 of the Criminal Code of Ukraine and related provisions of administrative law).
- Only if evasion is proven can the court issue a decision to temporarily restrict the right to drive a vehicle (according to recent amendments to the mobilization law, Law No. 3633-IX).
- The court’s decision is then forwarded to the State Enforcement Service, which informs the National Police. Only in this case can the police enforce the court decision and confiscate the driver’s license or restrict the right to drive.
Thus, if someone demands your license at a checkpoint without a court decision, this is an abuse of authority. Such actions are illegal and may be challenged as established by law (see Article 19 of the Constitution of Ukraine: state authorities and their officials must act only within the powers defined by law).
What to Do If Your License Is Confiscated Without a Court Decision?
How to act:
- Demand a copy of the court decision or other document confirming the legality of the action.
- Document the incident with photos or video (if not prohibited for security reasons).
- Submit a written complaint to the TRC management, the police (for abuse of office), and to the court.
- According to Article 55 of the Constitution of Ukraine, everyone has the right to challenge unlawful actions of officials in court.
- If the license was confiscated without proper legal grounds, demand its return and compensation for damages (see Article 1173 of the Civil Code of Ukraine state liability for unlawful acts of authorities).
“Even if both a police officer and a TRC representative are present at a checkpoint, they do not have the right to independently decide that someone is ‘evading’ and confiscate their license. Without a court decision, such actions are self-will.”
Can Driving Rights Be Restricted as Part of Mobilization? What Is the Procedure?
Yes, but only by court order.
The procedure is as follows (regulated by the Law of Ukraine “On Mobilization Preparation and Mobilization,” Article 37-2, and amendments of Law No. 3633-IX):
- Violation detected: the person failed to appear after being summoned, did not update their data, or ignored TRC calls.
- Court hearing: the TRC files a lawsuit (or a request to establish the fact of evasion).
The court reviews evidence, hears both parties, and checks compliance with procedures. - Court ruling: only if evasion is established, the court issues a decision to temporarily restrict the right to drive.
- Enforcement: the ruling is sent to the State Enforcement Service, then to the National Police for execution.
Only at this stage does the police have the right to confiscate the license or enter the person into the register of those restricted from driving.
What Has Changed Regarding Fines and Responsibility for Late Updates of Military Records?
As of July 2025:
- Law of Ukraine No. 3633-IX, effective from May 18, 2024, established new rules for responsibility.
- A 60-day period (until July 16, 2024) was set for voluntary updates of military records.
- After this deadline, responsibility is possible only within administrative proceedings and only for one year (see Article 38 of the Code of Administrative Offenses of Ukraine).
- From July 2024, the TRC no longer has the authority to impose fines for late data updates.
- Now, fines can only be imposed through an administrative protocol, considered by a court, and only if the violation occurred before July 16, 2024.
Relevant legal references:
Practical Advice for Men of Conscription Age
- Do not panic over rumors in social networks.
- Keep documents confirming the update of your military data or other compliance.
- In case of unlawful actions document the situation, consult a lawyer, submit statements to the police, TRC, and the court.
- Protect your rights: no authority may confiscate your driver’s license at a checkpoint without a court decision.
All restrictions on driving rights, as well as fines for mobilization-related violations, are only possible after due process and a court decision. Neither the TRC nor the police can independently confiscate driver’s licenses at checkpoints. If such actions take place, they are unlawful and should be challenged. All actions by authorities must be within their powers and follow the procedures set by law. Defend your rights and rely on verified legal sources.
References for further reading:
- Law No. 3633-IX (rada.gov.ua)
- Law of Ukraine “On Mobilization Preparation and Mobilization”
- Code of Administrative Offenses of Ukraine (Article 38)
- Legal commentary on Liga.net
About the Author
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