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NOW THE DEFERRAL WILL BE ISSUED AUTOMATICALLY

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Publication date: 19.09.2024

NOW THE POSTPONEMENT WILL BE PROCESSED AUTOMATICALLY - LEGAL SUPPORT

Some Ukrainians will be able to automatically receive a postponement of mobilization without the need to apply to the TCC.

From May 18, 2024, new rules for deferment from military service came into force in Ukraine. A new functionality will soon be implemented in the "Reserve+" application.

The new rules contain a list of categories of persons who can apply for a deferral and describe the procedure for confirming this right. This will help avoid numerous bureaucratic obstacles and simplify the process for citizens.

Who is entitled to a deferral

Part 1 of Article 23 of Law No. 3543 lists 23 categories of persons who are exempt from conscription for military service during mobilization. These categories include:

  • Persons who have reservations for the period of mobilization and wartime.
  • People with disabilities or temporarily unfit for service due to health conditions for a period of 6 to 12 months.
  • Women and men who have three or more children under the age of 18, provided there is no child support arrears exceeding three monthly payments.
  • Persons who care for a child with a disability under the age of 18.
  • People who constantly take care of sick relatives (wife, husband, child, parents).

Other categories of persons exempt from conscription

According to part 3 of Article 23, the following are also not called up during mobilization:

  • Students studying full-time or dual education and receiving a level of education higher than previously obtained.
  • Doctoral students and interns.
  • Scientific and scientific-pedagogical employees of higher educational institutions who have a scientific degree and work at 0.75 rates or more.
  • Persons whose close relatives died or went missing during the anti-terrorist operation or in connection with the armed aggression of the Russian Federation.

How to confirm the right to postponement

From May 18, 2024, the only document to confirm the fulfillment of military duty is the new military registration document (VOD), in accordance with paragraph 1 of Order No. 559. Documents of the old model remain valid until the moment of receipt of the new VOD. In Ukraine, conscripts, conscripts, and reservists are required to carry appropriate documents, such as a registration card, a military card, or a temporary conscript card, depending on their status in the military service.

For whom the requirements for receiving a deferral have been simplified

In August, the government approved the simplification of the conditions for obtaining a deferral for certain categories of citizens.

The changes introduced in August address one of the most complex and controversial grounds for deferment - family circumstances.

Innovation for parents with many children

Having three children is not currently an automatic basis for receiving a deferment.

It is necessary to prove that you properly maintain and raise three children. This can be done through documentary agreements on maintenance, court decisions on the place of residence of the child with the father or voluntary payment of alimony.

For adopted children, it is enough to have a court decision on adoption that has entered into force. There is no need to additionally submit amended birth certificates for these children.

Duration of the suspension

According to Order No. 560, the standard period for granting a reprieve is 90 days, which corresponds to the general period of martial law. As of today, the grace period for those with reservations is automatically extended and will continue to be.

Changes are expected in the fall, which may apply to students and other categories, which may also be automatically included in the Reserve+ system."

To extend the deferment, you must send paper documents to the TCC.

Services of military law lawyers in Kyiv — legal marketplace 'Consultant'

With the new changes in the legislation, obtaining a deferment from mobilization has become easier thanks to an automatic process for certain categories of persons. Now you do not need to re-apply to the TCC to confirm the deferral if you are subject to reservation or study full-time. The legal marketplace "Consultant" in Kyiv offers the services of military law lawyers who can help you understand the new rules, issue a deferment, prepare documents correctly, and resolve disputed issues. Seek professional help to make sure your documentation is up-to-date and complies with all legal requirements.

How to choose a military lawyer

Choosing a military law attorney is an important step in ensuring your legal protection and successfully resolving issues related to military duty or mobilization.

Here are some key points to consider when choosing:

  • Specialization and Experience: Choose an attorney with experience in military law. Make sure he specializes in the issues you're interested in, whether it's mobilization, deferment, or other legal aspects of military service.
  • Reputation and reviews: Check the lawyer's reputation. View customer reviews and ratings on specialized platforms or in legal publications. Positive reviews can be evidence of a high level of professionalism.
  • Consultation: Visit several lawyers for an initial consultation. This will help you gauge their competence, understanding of your situation, and communication style. Pay attention to how the lawyer answers your questions and whether he gives clear explanations.
  • Legal services and costs: Specify exactly what services the lawyer provides and what costs are associated with it. Make sure that the cost of services is clearly stated in the contract and there are no hidden payments.

If you need help, contact our specialists. We unite the best lawyers in the field of protection of the rights of conscripts, who are ready to provide qualified support at all stages of solving your problem. Contact us today to get help from experienced professionals! Call +380637375800 for consultation and support today!

Conclusion

From May 18, 2024, Ukraine introduced new rules regarding the automatic postponement of mobilization for certain categories of citizens. This simplifies the deferral approval process, avoiding bureaucratic obstacles. In particular, a new functionality has been introduced in the "Reserve+" application, which automatically extends the deferment for persons subject to reservation or studying full-time. A new military registration document must be used to prove the right to deferment, while the old documents remain valid until a new one is obtained. To make sure your documentation is up-to-date and comply with all legal requirements, contact military law lawyers through the legal marketplace "Consultant" in Kyiv. Our specialists will help you understand the new rules, prepare documents and resolve disputed issues.

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