Deferment from mobilization

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Khyzhavska Olesia Yaroslavivna

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Ukraine / Khmelnitsky region

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Publication date: 04.08.2024

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 Postponement of conscription for military service during mobilization   

A deferment from conscription for military service during mobilization is granted to conscripts who fall under one of the following categories:

• Reserved conscripts

Persons booked for the period of mobilization and wartime by state authorities, other state bodies, local self-government bodies, as well as enterprises, institutions and organizations in accordance with the procedure established by the Cabinet of Ministers of Ukraine, and are on special military registration.

• Persons with disabilities or temporarily unfit for service

Persons recognized as persons with disabilities or temporarily unfit for military service due to their health for a period of 6-12 months in accordance with the conclusion of the military medical commission.

• Persons with three or more children

Women and men who have three or more dependent children under the age of 18 (except for those who have child support arrears, the total amount of which exceeds the amount of payments for three months).Persons with one child in the absence of the other parent

Women and men who have a child under the age of 18, if the second parent is deceased, deprived of parental rights, recognized as missing, declared dead, serving a sentence in prison, or when a person is raising a child independently by court order.

• Persons raising a child with a disability

Women and men, guardians, custodians, adoptive parents, foster parents who raise a child with a disability under the age of 18.

• Persons raising a child with serious illnesses

Women and men who are raising a child with a serious illness, as confirmed by a document issued by the medical advisory board of a health care institution.

• Persons who have an adult child with a disability
•  Women and men dependent on an adult child with a disability of group I or II.
• Persons dependent on an adopted orphan or a child deprived of parental care under the age of 18.
• 
  Persons who have a spouse (husband) with a disability of the I or II group.
• 
  Persons who have a spouse (husband) with a disability of the III group.  

If the disability of the III group is established as a result of an oncological disease, the absence of limbs, hands, feet, one of the paired organs, mental disorder, cerebral palsy or other paralytic syndromes.

• Persons who have parents with disabilities of group I or II

Provided that there are no other persons who can provide care.

• Persons providing permanent care for sick relatives
• Persons engaged in constant care of a sick wife, husband, child, parents or parents of a wife (husband) who need constant care according to the opinion of the medical and social expert commission.
• Guardians of disabled persons
• Guardians of a person recognized by the court as incompetent.
• 
  And other employees and officials of state institutions according to the list specified in the law.

These provisions protect the rights and interests of certain categories of citizens during mobilization, allowing them to perform important social, economic and humanitarian functions under martial law.  

Conditions for cancellation of the granted deferment from conscription

The postponement of conscription for military service during mobilization may be canceled in the following cases:

1.  Automatically after its expiration date;
2.  If the enterprise, institution or organization completed the production of goods, performance of works or provision of services that met the needs of the Armed Forces and other military formations;
3. In the event that the enterprise, institution or organization is deprived of the status of critical importance for the functioning of the economy and ensuring the livelihood of the population in a special period;
4. In case of liquidation of a state authority, another state body, local self-government body, enterprise, institution or organization;
5. In case of dismissal of a conscript from a state authority, other state authority, local self-government body, enterprise, institution or organization (with the exception of cases of dismissal with subsequent appointment to another position within the same authority or enterprise);
6. In case of temporary termination of the employment contract of the conscript with the enterprise;
7. On the basis of a substantiated submission by the head of the state authority, another state body, local self-government body, enterprise, institution or organization;
   in cases stipulated by Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization";
8. In case of termination of the concluded agreement (contract) or expiration of the term of appointment for employees of specialized UN agencies, international judicial bodies, international and non-governmental organizations and institutions, of which Ukraine is a member, participant or observer.These regulations determine the circumstances under which the deferment of the draft can be canceled, ensuring compliance with the legislation and control over the state of mobilization training.

Verification of the grounds for granting a deferment from conscription for military service during mobilization and its registration is carried out by territorial recruitment and social support centers.

Territorial centers check all the necessary documents and grounds for granting a deferment, after which they draw up the relevant documents and ensure that information is entered into the Unified State Register of conscripts, conscripts and reservists.

A lawyer can provide comprehensive assistance in the process of obtaining a deferment from mobilization, which includes: responsibility for failure to appear before the military commissariat,penalty for failure to appear at the military commissariat, summons to the military commissariat by phone, legal support at the military commissariat, complaint to the military commissariat, support of a lawyer at military point, hiding from the military commissariat, summons to the military commissariat, escort at the military commissariat, military commissariat.