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Publication date: 24.09.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
At the legislative level, there is a list of categories of citizens who are not subject to conscription during mobilization, in particular reserved workers. Booking is an important mechanism for ensuring the stable operation of critical enterprises that produce goods for the Armed Forces of Ukraine. However, despite this, there are cases where reserved employees are subject to mobilization. This can happen for various reasons:
- Errors in the documentation: Sometimes mistakes may be made during the reservation, due to which the employee gets on the mobilized list.
- Changes in legislation: Possible changes in the conditions of the reservation or in the mobilization measures themselves may lead to the cancellation of the reservation.
- Existence of special circumstances: In certain situations, decisions may be taken to mobilize even reserved workers if there is an urgent need for this.
- Problems with the implementation of mobilization tasks: If the enterprise does not fulfill the mobilization tasks, this can be a reason for the mobilization of its employees.
It is important that businesses actively engage with military commissariats and follow all necessary procedures to ensure the protection of their workers during mobilization.
Question
In what case can the booked person be mobilized?
Answer
As soon as the reservation is completed, the person loses the right to deferment. If the company that provided the reservation ceases to exist, the deferment is also canceled. If the booked employee resigns from the company that provided the booking, this is also grounds for cancellation. If the facility no longer meets the critical infrastructure criteria, the deferment may also be revoked. In all these cases, the person loses the right to postponement and may be mobilized. In other situations, the mobilization of booked persons is not possible.
The procedure for contesting illegal mobilization
When reserved workers receive mobilization orders, there are two main ways to protect their rights: pre-trial and judicial. Let's consider them in more detail.
- Pretrial protection: Provides for an appeal to the Ministry of Defense of Ukraine. The essence of the appeal: Filing a complaint against the actions of the TCC and SP with a demand to cancel the mobilization order. It is necessary to prepare all documents confirming your right to make a reservation (contracts, orders, letters from the company, etc.). The complaint can be submitted in writing or through the electronic office on the website of the Ministry of Defense. Complaints are often formally refused, as TCCs can refer to the lack of grounds for canceling the order. However, it is important to keep copies of all appeals for future reference.
- Judicial protection: Provides for an appeal to the court within the framework of administrative proceedings. A statement of claim should be prepared, in which it is necessary to indicate: justification of the legality of the reservation, grounds for appealing the mobilization order, requirements to the court (cancellation of the order, recognition of its illegality). Include in the claim copies of documents that confirm your reservation rights and any responses from the TCC and JV. The lawsuit is submitted to the administrative court at the place of residence or at the place of work. The court can make both a positive and a negative decision. In case of a negative decision, it is important to keep in mind the possibility of an appeal.
- It is recommended to engage a lawyer specializing in military law to help prepare the claim and conduct the case. Familiarizing yourself with recent court decisions will help you understand trends in court practice and increase your chances of success.
Thus, pre-trial and court defense can be effective, but require careful preparation and justification.
Persons to be booked
Conscripts who work or serve in the following organizations are subject to reservation:
- State bodies: Category "A": All conscripts holding positions in state and local self-government bodies.
- Categories "B" and "B": No more than 50% of conscripts can be booked in these bodies.
- Law enforcement agencies: National Police, National Anti-Corruption Bureau, State Bureau of Investigation, Prosecutor's Office, Bureau of Economic Security, State Service of Ukraine for Emergency Situations, State Criminal Enforcement Service, Court Security Service, institutions of the justice system and pre-trial investigation bodies.
- Enterprises with mobilization tasks: Organizations that have been set mobilization tasks have the right to book their employees to ensure the fulfillment of these tasks.
- Critically important enterprises: Enterprises that are critically important for ensuring the needs of the Armed Forces of Ukraine and the functioning of the economy in a special period. This also applies to ultimate beneficial owners who are not employees. The criteria and procedure for determining such enterprises are established by the Cabinet of Ministers of Ukraine.
These categories contribute to ensuring stability in the conditions of military operations and support the functioning of the state and the economy.
Question
Which enterprises can be recognized as critically important?
Answer
Enterprises that produce goods, perform works or provide services necessary to meet the needs of the Armed Forces and are included in the list approved by the Ministry of Defense. Enterprises that perform similar tasks for military formations not subordinate to the Armed Forces are included in the lists of central executive authorities. Legal entities under private law that have charitable activities and produce or purchase goods or services for the needs of the Armed Forces are also included in the relevant list of the Ministry of Defense. Organizations engaged in training, retraining and upgrading the qualifications of operators of unmanned systems, as well as in electronic warfare and tactical medicine in the interests of the security and defense forces of Ukraine.
Services of a lawyer in case of illegal mobilization
If you are faced with an illegal mobilization, legal services can be very helpful. Here are the main types of legal services:
Lawyer consultation and legal analysis of the situation: A lawyer can provide a preliminary consultation, assess your case and determine possible legal grounds for challenging the mobilization order. Explains your rights as a conscript, including booking information and protection options.
Preparation of documents: A lawyer help prepare a statement of claim to the court substantiating the legality of your reservation and challenging the order. It will help to collect the necessary documents (orders, certificates, letters) to support your position.
Court proceedings: A lawyer can represent your interests in court, which increases the chances of a positive outcome. Will prepare you for court hearings, present arguments and objections. It will analyze current court decisions in similar cases, which will help to understand how to act better.
Lawyer services for pre-trial settlement: Lawyers online will help to prepare and submit complaints to territorial recruitment and social support centers (TCC and SP) or the Ministry of Defense. Can negotiate with the relevant authorities to resolve the issue without a court.
Illegal mobilization is a serious violation of the rights of conscripts and can have negative consequences for both individuals and society as a whole. Conscripts have the right to protect their rights through pre-trial and judicial mechanisms, such as appeals to the TCC and SP, the Ministry of Defense or the court. The lawyer advice can greatly facilitate the process of protecting your rights in the case of illegal mobilization and increase the chances of a successful outcome.
