Publication date: 10.10.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Deferment from mobilization is a temporary release of a citizen from the obligation to perform military service during mobilization. It can be provided for various reasons provided for by law and is valid for a certain period of time or until the circumstances justifying it are eliminated.
The procedure for obtaining a postponement:
Obtaining a postponement of mobilization in Ukraine requires compliance with the specified procedure and preparation of relevant documents. Here are the main steps to go through:
- Determining Your Basis for Deferral: The first step is to determine if you have grounds for deferment. According to the legislation, these can be: health, family circumstances, education, professional activity, etc.
- Preparation of documents: in order to prove the right to deferment, you need to collect relevant documents that confirm the basis. These can be: medical certificates or conclusions of the medical and social expert commission (MSEK) in case of health problems, birth certificates of children, certificates of wife's pregnancy or documents on custody/care in case of family circumstances, a certificate from an educational institution for students full-time education, a certificate from the place of work or other supporting documents in the case of professional activity.
- Submitting an application: after collecting all the documents, you need to submit an application to the territorial recruitment center (TCC) or the military commissariat at your place of residence. The application must contain: the reason for the postponement, a list of attached documents, personal data and contact information.
- Examination of the application: TCC examines the application and the submitted documents. In case of a positive decision, a certificate of postponement is issued. If the documents are incomplete or there are grounds for refusal, the TCC may request additional information or refuse the postponement.
- Receiving a decision: after the application has been reviewed, the person is provided with an official decision. If a deferment is granted, a document confirming the right to deferment for a certain period is issued. In case of refusal, you have the right to appeal this decision administratively or through a court.
If the TCC refused to grant a deferment, you can appeal this decision. To do this, you need to: file a complaint with a higher body of the TCC or an administrative court, engage a lawyer to protect your rights and prepare relevant documents.
The validity period of the deferment depends on the reason for its granting. For example, it can be effective until the completion of training or recovery, or be established for a certain period with the possibility of extension if necessary. The postponement can be canceled if the circumstances justifying it have disappeared. In such cases, the person is subject to conscription in accordance with current legislation. Obtaining a deferment requires a careful approach and following the procedure to avoid the risk of being summoned against your rights.
Question
Will the man be drafted if he has already applied for a deferment, but has not received an answer?
Answer
If a conscript has submitted documents for postponement, then before the commission at the TCC and SP makes a decision on granting or refusing to grant it, the man is not sent for a medical examination to determine his fitness for military service and he is not subject to conscription for military service during mobilization.
If you have submitted documents, but the decision has not been made for a long time, it is advisable to contact a lawyer. It will help speed up the process, make a request to the TCC or prepare a complaint, if you have reason to believe that the consideration of documents is unreasonably delayed. A lawyer's legal assistance in obtaining a postponement from mobilization includes a set of measures aimed at ensuring the successful obtaining of a postponement and protection of the client's rights.
The main services that a lawyer of the legal service "Consultant" can provide:
- Consultation on the grounds for deferment: assessment of your situation and determination of whether it meets the grounds for obtaining a deferment (based on health, marital status, professional activity, etc.). Acquaintance with the requirements and the procedure for submitting documents for obtaining a deferment.
- Preparation and submission of documents: assistance in collecting the necessary documents (medical certificates, documents on marital status, confirmation from the place of work, etc.). Preparation and submission of an application to the territorial procurement center (TCC) or other relevant body. Checking the correctness of filling out the application and documents in order to avoid errors that could be grounds for rejection.
- Representation in the TCC and JV: a lawyer can accompany you during visits to the TCC, represent your interests and follow the procedure for considering your application.
- Appealing the denial of a deferment: If the TCC refuses to grant a deferment, a lawyer will prepare a legal position and documents to appeal this decision. Filing a complaint to a higher military command or an administrative court, where a lawyer will represent your interests. Collecting additional evidence or documents that can help change the decision in your favor.
Postponement from mobilization is an important legal tool that allows citizens to fulfill their duties without compromising important life circumstances. A lawyer can submit official requests to speed up the consideration of an application or the actions of authorities, if there is reason to believe that the process is unreasonably delayed. Legal support helps ensure the protection of your rights, reduce the risk of rejection and increase the chances of a positive outcome.
To avoid misunderstandings when applying for a deferment from mobilization, it is important to know the key points and prepare in advance. Here's what to consider:
Learn more about the grounds for deferment: It's important to understand whether you fall into the categories of people who are eligible for a deferment under the law.
Preparation of the necessary documents: prepare in advance all the documents that confirm your right to deferment (medical certificates, documents on marital status, certificates of care, etc.).
Knowledge of the document submission procedure: familiarize yourself with the document submission procedure at your TCC. Find out the deadlines for submitting documents, the procedure for their registration, as well as the deadlines for considering the application.
Registration of application and receipt of confirmation: when submitting documents, request registration of your application at the TCC and receipt of confirmation of its acceptance (receipt, receipt, etc.). This will help to avoid situations where the TCC may deny receiving your documents.
Rules of conduct when visiting TCCs: be correct and follow the law when communicating with TCC representatives. Do not try to bribe or pressure the center's employees - this can lead to negative consequences.
Obtaining a deferment requires a careful approach and following the procedure to avoid the risk of being summoned against your rights. Legal support may be necessary at all stages of the process, especially if there are difficulties with submitting documents or obtaining a decision. Support of the entire process of obtaining a deferment by our lawyers of the legal service "Consultant" helps to minimize the risks of refusal and increases the chances of successfully obtaining a deferment, as well as ensures the protection of your rights in case of conflicts with military authorities.
