See more
Publication date: 16.09.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
Deferral from mobilization — is the temporary exemption of certain categories of citizens from the obligation to participate in mobilization activities, such as conscription during martial law or general mobilization. In Ukraine, in accordance with the legislation, in particular the Law of Ukraine «On Mobilization Training and Mobilization», there is a list of categories of persons who may receive a postponement of mobilization.
Main categories of persons eligible for deferral from mobilization:
Persons with family circumstances: single mothers or fathers supporting minor children (under 18); persons caring for disabled family members; men with three or more children; pregnant women or mothers with children under 18.
Persons with important State or social responsibilities: members of Parliament, government officials, employees of critical enterprises and institutions; railway, communications, electricity, medical and other professionals who are necessary to support the functioning of the State under emergency conditions.
Persons with a state of health: people with disabilities, chronic diseases or other serious medical problems that make it impossible to perform military duties; temporarily unfit for military service due to health.
Students and research workers: full-time students, postgraduates and doctoral students in higher education; scientific and scientific-pedagogical workers working in institutions of higher education or scientific institutions.
Persons who have important economic and defense functions: employees of enterprises of the defense complex, critical enterprises for the functioning of the economy or ensuring the defense capability of the state; owners and key employees of enterprises that ensure economic stability or are necessary for the fulfillment of defense orders.
Question
How to get a delay?
Answer
To obtain a postponement, it is necessary to submit a corresponding application to the Military Commissariat or the territorial recruitment center together with supporting documents. Documents confirming the grounds for postponement (medical certificates, documents on marital status, official certificates from the employer, etc.) are attached to the application. TCC and JV consider the application and provide a decision on postponement or refusal to grant it.
In order to receive a postponement from mobilization, it is necessary to act in accordance with Ukrainian legislation.
Algorithm of actions for registration of postponement
Check if you are eligible for a deferral. According to the Law of Ukraine «On Mobilization Training and Mobilization», there are a number of categories of citizens who have the right to postponement. These can be:
- Persons with medical contraindications or temporarily unfit for service or single parents or mothers raising minor children.
- Parents of three or more children and people who take care of disabled relatives.
- Full-time students or employees of critical infrastructure enterprises or civil servants.
- Scientists and teachers who work in their specialties.
Collect the necessary documents. Appropriate documents must be submitted to confirm your right to postponement. These can be:
- Medical certificate or conclusion of the military medical commission (for persons with medical contraindications).
- Documents on marital status (child birth certificates, documents on care for disabled persons, certificates on dependents).
- Certificate from the place of study (for students).
- Work certificate (for critical infrastructure workers or civil servants).
- Scientific degrees and teacher's certificate (for scientists and teachers).
Submit an application to the territorial recruitment center. After collecting the documents, it is necessary to submit an application to the nearest TCC and JV (military committee). In the application, indicate the reason for which you are entitled to a postponement and attach all supporting documents.
Wait for the decision. After submitting the documents and application, the Military Commissariat will consider your application and make a decision. If the grounds for the postponement are confirmed, you will receive a corresponding document or certificate confirming the granting of the postponement for a certain period.
Update information (if required). If your situation changes (for example, training ends, health conditions change, etc.), you must notify the Military Commissariat. In some cases, the postponement must be updated or re-received. If the military commissariat refused to grant a postponement, you have the right to appeal this decision in court.
Postponement is granted for a certain period, which depends on the grounds for obtaining it. For example, the deferral for students is valid for the period of study, for persons with temporary medical problems — until the state of health improves. Thus, in order to receive a postponement from mobilization, you need to clearly know your rights, collect the necessary documents and contact the Military Commissariat in a timely manner.
Deferment from mobilization is granted on the basis of clearly defined grounds by law. If a person falls under one of the categories that have the right to postponement, he can apply to the military commissariat with an application and the necessary documents. However, in practice, a number of problems often arise in the process of issuing a postponement, then qualified legal assistance may be required.
A military attorney may provide qualified legal assistance in matters related to military service, including issues related to obtaining a deferral from mobilization. A lawyer helps to prepare documents correctly, represents interests in military commissariats, and also, if necessary, defends in court.
Question
What assistance can a military lawyer provide in the process of obtaining a postponement from mobilization?
Answer
The lawyer will help you find out whether you fall under one of the categories of persons who have the right to a postponement. Explains the procedure for obtaining a postponement, the list of necessary documents and your rights and obligations and helps to collect all the necessary documents and draw them up correctly to confirm your right to postponement. A military lawyer can represent your interests in the TCC and JV when submitting documents for postponement, which will ensure compliance with all requirements and procedures. If your right to postponement is violated, a military attorney may defend your interests in court, including in cases of improper conscription or refusal of postponement.
Process of working with a military lawyer:
- Initial consultation: The first stage of cooperation – is a detailed consultation during which the lawyer analyzes your situation and determines the ways of action.
- Collection of documents and evidence: The lawyer helps to collect all the necessary documentation to confirm the grounds for the postponement
- Representation of Interests: If need be, counsel may contact the military authorities directly on your behalf, file papers and conduct the case.
- Appealing decisions: In case of refusal of postponement, the lawyer organizes the appeal process and accompanies the case in court.
Therefore, a military lawyer will help you get a postponement of mobilization, correctly prepare all the necessary documents and protect your interests in the event of conflicts with military authorities or courts.
Contact our legal service Consultant and receive full support in issuing a postponement for any reason.
