From 18.05.2024, there were changes in the procedure for obtaining a deferment from military service as a result of amendments to Art. 23 of Law No. 3543. Also from this date, Order No. 560 came into force, which establishes a new algorithm for receiving a deferment by conscripts. In this article, we will consider these innovations in more detail.
Who is entitled to deferment?
Part 1 of Article 23 of Law No. 3543 lists the categories of persons who are conscripts and are not subject to conscription for military service during mobilization. A total of 23 categories are indicated, which include persons booked for the period of mobilization and wartime, persons with disabilities or temporarily unfit for military service for 6-12 months, women and men who have three or more children under the age of 18, persons , who take care of a child with a disability, and those who take care of a sick family member. Part 3 of the same article defines persons who are not subject to conscription for military service during mobilization for a certain period, including students of higher education, doctoral students, scientific and scientific-pedagogical workers, as well as persons who lost loved ones during the anti-terrorist operation or from other military actions.
How to prove the legitimacy of receiving a deferral
As of May 18, 2024, persons entitled to deferment from military service must have a new military registration document (VOD) of a new model, which confirms their status.
According to paragraph 2 of Resolution No. 559, previously issued military registration documents remain valid until a new VOD is obtained. Clause 8 of Order No. 559 specifies that the new VOD contains information on the existence of a deferment from military duty during mobilization. Therefore, people who are entitled to a deferment should check the availability of this information in their VOD to confirm its relevance.
Confirmation of received deferment
The confirmation of the granted postponement is the Certificate, which is issued in the form specified in Appendix 6 to Order No. 560.
The Certificate indicates the date and number of the military registration document, as well as the date and series (number) of another identity document. Provided these documents are presented, the Reference has legal force.
In the case of refusal to grant a deferment, a written notice is sent to the conscript, which indicates the reasons for the refusal in accordance with the form specified in Appendix 7 to Order No. 560. This notice can be sent to the applicant at the postal address with notification of service or at the e-mail address indicated in the application.
The date and protocol number are also indicated in the Notice. The refusal decision may be appealed in court.
Continuation of deferment from military service
The procedure for extending the postponement of conscription for military service during mobilization provides that such postponement is granted for a period determined by legal grounds, but not longer than the duration of mobilization, established by the Decree of the President of Ukraine (clause 60 of Order No. 560).
This term is usually no more than 90 calendar days, since martial law is extended for this period according to the relevant decrees.
Exceptions are persons with disabilities who are temporarily unfit for military service for a period of 6 to 12 months, as well as women and men whose close relatives died or went missing during the ATO, the Revolution of Dignity or in connection with the armed aggression of the Russian Federation.
Other conscripts, in order to extend the deferral, must, after the publication of the corresponding Decree of the President of Ukraine on mobilization, provide or submit a personal application in paper or electronic form through the electronic account of the conscript, conscript or reservist. In necessary cases, the territorial military commissariat and the conscription service will notify the applicant of the need to submit relevant supporting documents.
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Obtaining a deferral requires a new military registration document that confirms the status of the person. Confirmation of the received postponement is a special Certificate, which is issued in the form specified by Order No. 560. The procedure for extending the postponement involves submitting an application after the publication of the corresponding Decree of the President of Ukraine. Our lawyers are ready to provide you with professional support on these issues and protect your rights. Contact us for consultation, we find optimal solutions to solve your situation, ensuring high quality of service and an individual approach to each client. Military lawyer online, military lawyer Kyiv, military lawyer, legal advice during war, lawyer in war.
