Postponement of mobilisation: Procedure, Grounds and Legal Aspects

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Publication date: 25.07.2024

Postponement of mobilisation: Procedure, Grounds and Legal Aspects

The postponement of mobilisation is an important legal instrument that allows citizens to be temporarily exempted from military service. This possibility is granted on the basis of certain circumstances regulated by Ukrainian legislation, in particular, the Law of Ukraine ‘On Mobilisation Preparation and Mobilisation’. This article discusses the main grounds for granting a deferment, the procedure for obtaining it, legal aspects and obligations of citizens.

Grounds for granting a deferment

The main grounds for granting a deferral from mobilisation are:

• Medical reasons: The deferral is granted to citizens who have serious illnesses or physical conditions that temporarily or permanently prevent them from performing military duties. To confirm the medical reasons, it is necessary to undergo an examination by the military medical commission (MMC), which determines the degree of fitness for military service.
   
• Family circumstances: Citizens who are the sole breadwinners of minor children, elderly or sick relatives may be granted a deferment. This also applies to those who have a pregnant wife or young children who need constant care.
   
• Studies: Full-time undergraduate and postgraduate students are eligible for a deferral for the duration of their studies. The deferral can be granted to both public and private educational institutions that have the appropriate accreditation.
   
• Professional activity: The deferment may be granted to professionals whose work is critical to the state, for example, in the fields of healthcare, transport, energy, etc.
   

Peculiarities of deferment during martial law

During martial law, the rules and procedures for granting deferment from mobilisation may be stricter. The state has the right to limit or change the grounds for granting a deferral in order to ensure the necessary mobilisation readiness. In such circumstances, additional criteria and requirements for obtaining a deferment may be introduced, as well as additional checks and controls by the MCC and JMC. This may apply to medical reasons as well as other circumstances that would normally entitle to a deferral.

In addition, during martial law, national security issues are of particular importance. Citizens who have access to state secrets or hold important positions in public administration may be restricted from travelling abroad or obtaining a deferral. In such cases, decisions to grant deferrals are based on national interests and may require additional approvals at the highest level of the military administration.

Consultations and assistance in obtaining a deferment

Obtaining a deferment from mobilisation can be a complicated process, especially in the context of constant changes in legislation and special conditions such as martial law. To ensure the success of obtaining a deferment, citizens may seek the assistance of legal advisers or attorneys specialising in military law. This can be helpful, especially if there are difficulties in preparing documents or justifying the grounds for the deferral.

It is also important to keep all documents confirming the existence of grounds for deferment and ensure that they are complete and up-to-date. Citizens have the right to receive consultations at military commissariats or other authorised bodies regarding the application procedure and the required documents. In cases where there are doubts or disagreements with the decisions made, it is recommended to act within the law and seek additional assistance to protect their rights and interests.

The procedure for obtaining a deferral

To obtain a deferment from mobilisation, you must submit an application to the Territorial Recruitment and Social Support Centre (TRSC) or the relevant military registration and enlistment office. 

The application must contain the grounds for granting the deferral, as well as relevant supporting documents:

1. Medical documents: Doctors' reports, results of examinations and analyses, conclusion of the military qualification commission.
    
2. Documents confirming family circumstances: Birth certificates of children, health certificates of relatives, marriage certificates, etc.
    
3. Certificates from educational institutions: Confirmation of enrolment or studying at an educational institution.
    
4. Certificates from the place of work: Documents confirming employment in a position of critical importance to the state.
    

After submitting the application, the TCC and JV considers it and decides whether to grant or refuse the deferral. In case of a positive decision, the citizen receives a document confirming the deferral for a certain period.

Legal aspects and obligations of citizens

The postponement of mobilisation is regulated by the Law of Ukraine ‘On Mobilisation Preparation and Mobilisation’ and other legal acts. It is important that citizens who have been granted a deferment comply with all the requirements and obligations established by law. For example, they are obliged to notify the TCC and the JCC of any changes in their circumstances that may affect their status (e.g. changes in marital status, graduation, etc.).

Failure to comply with the established rules or providing false information in order to obtain deferral may have serious consequences, including administrative or criminal liability. This may include fines, deprivation of the right to deferment in the future, or even imprisonment in cases of military duty evasion.

Appealing decisions and protecting rights

In case of refusal to grant a deferment, a citizen has the right to appeal against such a decision. An appeal may be made by filing an appeal with higher military authorities or by going to court. A citizen has the right to legal assistance and representation in the appeal process. This helps to ensure a fair hearing and protection of the citizen's rights.