Postponement of mobilisation: Procedure and grounds

BASE (basic) 20.87

advertisement

Consultant # 1306

Lawyer

Ukraine / Kyiv

i

Reading time: 12 minutes Total views: 170

Rate:

0

Publication date: 25.07.2024

Postponement of mobilisation: Procedure and grounds

The postponement of mobilisation is an important legal mechanism that protects the rights of citizens who, for certain reasons, cannot be called up for military service during mobilisation. The postponement may be granted on various grounds, including medical, family and other circumstances. This article examines the procedure for obtaining a deferment, the grounds for granting it and the legal aspects related to this process.

Grounds for deferment from mobilisation

The main grounds for granting a deferment from mobilisation are health, family circumstances, education, and the performance of certain professional duties:

• Medical reasons: A postponement may be granted in the case of serious illnesses or medical conditions that temporarily or permanently limit a person's ability to perform military duties. The Military Medical Commission (MMC) conducts a medical examination and determines the person's fitness for service. Based on the conclusions of the MEC, a decision is made to grant a deferment.
   
• Family circumstances: A deferment may be granted to persons who are the sole breadwinners of minor children, elderly persons or persons with disabilities who need care. It may also apply to those who have a pregnant wife or young children.
   
• Education: Full-time undergraduate and postgraduate students are eligible for a deferment from mobilisation for the period of their studies. This applies to both public and private educational institutions that have the appropriate accreditation.
   
• Professional duties: Professionals whose work is critical to the functioning of government agencies, the economy or infrastructure may be granted a deferral. This applies to healthcare workers, critical infrastructure workers and other professions defined by law.
   

The procedure for obtaining a deferment

To obtain a deferment from mobilisation, you must submit the relevant documents to a military commissariat or other authorised body. 

The main documents include:

1. Medical documents: Medical reports, test results, medical history - all of these are necessary to confirm the existence of medical grounds for deferment. The MEC conducts an examination and issues a relevant conclusion.
    
2. Documents confirming family circumstances: Birth certificates of children, documents confirming guardianship or care for persons in need of assistance.
    
3. Certificates from educational institutions: Confirmation from the educational institution of enrolment and full-time study.
    
4. Documents confirming the performance of critical professional duties: Certificates from employers confirming employment in a position that is critical to the state.
    

After submitting the documents, the commission reviews them and decides whether to grant or refuse the deferral. In case of refusal, the citizen has the right to appeal the decision in accordance with the established procedure.

Legal aspects and consequences

The Law of Ukraine ‘On Mobilisation Preparation and Mobilisation’ and other legal acts regulate the granting of a deferral from mobilisation. According to these laws, a deferral may be granted for a certain period or until the grounds for the deferral cease to exist. This may include a period of medical treatment, completion of education or a change in family circumstances.

Persons who have been granted a deferment are obliged to inform the military commissariat of any changes that may affect the grounds for granting it. For example, if a person who has received a deferment for family reasons is no longer the sole breadwinner, he or she must notify the relevant authority.

An important component is the legal consequences in case of providing false information or falsifying documents in order to obtain a deferral. Such actions may be classified as an offence and lead to administrative or criminal liability.

Liability for providing false information

One of the important aspects of the process of obtaining a deferment from mobilisation is the responsibility for providing false or falsified information. Ukrainian legislation provides for strict measures against individuals who intentionally provide false information to avoid mobilisation. This may include forging medical certificates, false marital status documents, or even forging certificates from the place of work. In case of detection of such facts, the perpetrators may be held administratively or criminally liable. Consequences can range from fines to imprisonment, depending on the severity of the violation.

The role of employers in the process of granting deferred action

Employers play an important role in the process of granting deferment, especially when it comes to critical professions that are vital to the functioning of the state. For example, workers in medicine, energy, transport companies and other key industries may be granted a deferral to continue performing their duties. Employers should be responsible for providing accurate information on the employment of such workers and confirming their status. This ensures that deferrals are granted only to those who truly need them and that critical services are not disrupted during mobilisation.

Procedure for appealing decisions on deferment

If a citizen is denied a deferment or disagrees with the decision of the military commissariat, there is a possibility of appeal. To do so, a citizen can file an appeal to a higher military authority or go to court. The appeal process involves submitting a written application with detailed reasons for disagreeing with the decision. Additional documents or testimonies may be submitted during the trial to confirm the legitimacy of the citizen's claims. Appealing against decisions on deferment is an important right that protects the interests of citizens and ensures fairness in mobilisation decisions.

Practical recommendations for obtaining a deferment

In order to successfully obtain a deferment from mobilisation, it is recommended that you carefully prepare for the submission of documents. After collecting all the necessary confirmations and certificates, you should submit them within the established deadlines. In case of disputes or refusal to grant a deferment, you should seek advice from lawyers specialising in military law.