For what period is a deferment from the draft granted to conscripts?

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Borevych Mariia

Lawyer

Ukraine / Kyiv

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Publication date: 15.10.2024

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.

Conscript deferment is a temporary release from the obligation of conscription for military service on certain grounds provided for by the legislation of Ukraine. A postponement can be obtained by persons who have reasons that temporarily make it impossible for them to mobilize or serve in the army. It is provided for a specific period or until the grounds that determine it are eliminated. Postponement from mobilization is granted to conscripts for different periods depending on the grounds for which it is granted. According to the legislation of Ukraine, the period of postponement may vary and depends on specific circumstances.

The main types of deferrals and their term:

• Health deferment: granted for a period determined by the Military Medical Commission (MMC). Typically, the deferment can last from 6 months to 1 year depending on the need for treatment and recovery. After the expiration of the term, the conscript undergoes a medical examination again.
• Postponement for education: granted for the entire period of study, while the conscript is studying at an educational institution that gives the right to a postponement (for example, at a university or technical school on a full-time basis). The deferment period expires upon completion of studies or in case of expulsion.
• Respite for care of relatives: granted for the period of care for a person who needs constant care (for example, a disabled spouse, elderly parents or other disabled family members). The term depends on the state of health of the ward or the validity of relevant documents confirming the need for care.
• Deferral for multiple fathers: Men who have three or more children can receive an indefinite deferment until they lose their status as a father of multiple children or other conditions that qualify for the deferment change.
• Deferment due to official activity (reservation): conscripts who work at enterprises or positions critical to the state receive a deferment for the period of validity of the reservation, determined by the employer or relevant state authorities. This is usually a period of up to 6 months with the possibility of extension.

The procedure for granting a deferment from conscription to conscripts in Ukraine is regulated by legislation and provides for the observance of a clear procedure, which includes several stages.

The main steps when applying for a postponement of mobilization:

1. Preparation of documents: the conscript must collect the necessary documents that confirm the existence of grounds for postponement.
2. Submitting an application to the TCC and SP: the collected documents are submitted to the territorial recruitment and social support center (TCC and SP) at the place of registration or place of residence of the conscript.
3. Review of documents and verification: TCC and JV verifies submitted documents for authenticity and compliance with legal requirements.
4. Making a decision: the commission of the TCC and JV considers the submitted documents and the opinion of the VLK (if necessary) and makes a decision on granting or refusing a postponement.
5. Appealing the decision (if refused): if the TCC and SP refused to grant a deferment, the conscript has the right to appeal this decision to a higher authority or to a court. 

In the event that the circumstances have not changed, and the deferment period expires, the conscript may re-submit an application for the extension of the deferment by submitting relevant documents again. This procedure is general and may change depending on specific circumstances or additional requirements established by law. In each specific case, the deferment period is determined in accordance with the circumstances, reasons and legislation that regulates mobilization in Ukraine.

Extending the deferment period is a complex process that may require legal support. Legal support in such a situation aims to ensure the protection of the rights of the conscript and help in the successful extension of the postponement.

The main stages where the help of a lawyer of the legal service "Consultant" may be needed:

• Analysis found grounds for extending the deferral: A lawyer will help evaluate your situation and supporting documents to determine whether the deferral can be extended. He can advise on additional documents that may be required or help update existing ones.
• Preparing the necessary documents: correctly completing the extension application and preparing supporting documents (certificates of health, education, marital status, etc.) are key. The lawyer will ensure that the documents are correctly drawn up to reduce the risk of rejection due to inconsistencies or errors.
• Communication with the TCC and JV: the lawyer can represent the client's interests when submitting documents to the territorial recruitment and social support center (TCC and JV), ensuring a correct understanding of all requirements and provisions. He can also participate in negotiations with TCC representatives, explaining the client's circumstances and ensuring the fulfillment of his rights.
• Preparation for the Military Medical Board (MMB): If the extension of the deferral requires a MMB, the lawyer will prepare the client for the procedure, explain its specifics and help ensure that all medical documents are available. He can accompany the client to the commission meeting to make sure that the rights of the conscript are not violated.
• Appealing the refusal to extend the postponement: if the extension of the postponement is refused, the lawyer will help appeal this decision. He will prepare the appeal and the necessary documents to prove that there are grounds for extending the postponement. If necessary, the lawyer will represent the client's interests in court or in higher authorities.
• Protection of the client's rights at all stages: the lawyer ensures that all procedures are carried out in accordance with the law, and the client's rights are not violated. He can also advise the client on further actions in the event of a change in circumstances or the expiry of the grace period.

Advantages of legal support:

professional consultation - the lawyer will be able to provide detailed information about the possible reasons for extending the postponement and ensure the correctness of the submission of documents.

protection of interests — the lawyer will represent the interests of the client during interaction with the TCC, the State Audit Office, and other bodies.

support in case of refusal - if the extension is refused, the lawyer will be able to help appeal this decision according to the procedure established by law.