Will the man be drafted if he has already submitted documents for deferment, but has not received an answer

Will the man be drafted if he has already submitted documents for deferment, but has not received an answer

During martial law, certain groups of men may receive a deferment from mobilization if they are given a decision from the Territorial Military Commission and the Special Commission. In this article, we will consider the possibility of enlisting a spouse before receiving an answer regarding the deferment, and also discuss who is entitled to such a deferment.

Can a man be mobilized while he is waiting for a decision on the postponement?

If a man conscripted for military service has submitted documents for a postponement, before the commission makes a decision on its granting, he will not be sent for a medical examination to determine his fitness for military service and he will not be subject to conscription.

We note that the application and documents confirming the right to postponement are considered within 7 days from the date of their receipt by the commission in TCC and JV. However, this term can be extended if the commission needs to contact other state bodies for additional information.

Where and how to find out whether a postponement of mobilization in Ukraine has been granted?

After the commission adopts a decision to grant a deferment, information about the confirmed right is entered in the register of conscripts. To check the presence of this information in the register, you can contact the TCC and SP at the place of registration or use the electronic cabinet of the conscript in the Reserve+ application.

If the commission made a decision to grant a deferment, the conscript will be issued a corresponding certificate. In the case of a negative result regarding the postponement, the person will receive a written notification indicating the reasons for refusal.

In addition, information about the granted deferment should also be available in the Reserve+ mobile application for conscripts.

Who has the right to deferment from mobilization in Ukraine?

Persons entitled to deferment from mobilization in Ukraine:

• Persons who received a reservation.
• Persons with disabilities or temporarily recognized as unfit for military service of the VLK, with the condition of reviewing the decision after 6-12 months.
• Persons with three or more children under the age of 18, except for those who have not paid alimony for three months.
• Persons who independently raise and maintain a minor child under certain conditions.
• Persons who take care of a sick wife (husband), child or their parents.
• Persons who have a spouse with a disability of I, II or III groups
• Persons with close relatives who are military personnel who died or went missing during various military operations.

Also, servicemen released from Russian captivity are not eligible for the draft.

Services of lawyers specializing in the protection of the rights of conscripts

Services of lawyers for the protection of the rights of conscripts include submission of applications for postponement, legal counseling, representation before the military medical commission and in court cases, as well as protection of rights in court and monitoring of the process of consideration of applications from possibility of appeal. Lawyers help in the preparation of the necessary documents, provide professional advice on rights during conscription procedures, argue the importance of postponement and protect the interests of clients in accordance with current legislation, ensuring the maximum protection of the rights of a conscript.

Legal opinion

After the analysis, the lawyer prepares a legal opinion, which includes an assessment of your situation and provides recommendations for further steps. This may include filing a lawsuit, preparing complaints, or negotiating with TCC representatives. A legal opinion is aimed at helping you understand possible options for solving your problem.