See more
Publication date: 20.10.2024
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.
Postponement from mobilization is a temporary release of a citizen from the obligation to be called up for military service during mobilization on the basis of certain circumstances provided for by law.The postponement is granted for a specified time and under specific conditions, but does not exempt a person from a possible draft in the future. Deferment from conscription for military service during mobilization is indeed granted for the period of validity of legal grounds that confirm the right to such deferment, but no longer than for the period of mobilization established by the Decree of the President of Ukraine. This means that the postponement cannot exceed the duration of the mobilization period determined by the relevant decree.
The main points regarding the period of validity of the deferment:
- Duration of the deferment: The duration of the deferment is limited to the time for which there are relevant grounds (for example, employment at the main place of work, health, family circumstances, etc.). The conscript must maintain the validity of these grounds throughout the period of deferment.
- Extension of the period of mobilization: If the President of Ukraine extends the period of mobilization by a new decree, then persons who have legal grounds for postponement must confirm them in order to retain the right to extend the postponement.
- Update of documents: Conscripts are required to submit applications and necessary supporting documents (certificates, medical reports, characteristics, etc.) in a timely manner so that the commission can extend the period of deferment.
In order to extend the term of deferment from conscription for military service during mobilization, a conscript must follow the specified procedure. Here are the main steps of this process:
- Submission of an application: A conscript must submit an application for extension of the deferment period. This can be done in paper form: at the place of registration of the conscript, by submitting documents to the territorial recruitment and social support center (TCC and SP). In electronic form: in the case of technical implementation of this possibility, you can submit an application through the electronic office of a conscript, conscript or reservist on the corresponding portal. The application is submitted after the issuance of the Decree of the President of Ukraine on the extension of the period of mobilization.
- Submission of supporting documents: If the territorial recruitment and social support center cannot confirm the grounds for postponement through the Unified State Register of conscripts, military conscripts and reservists, the TCC and SP shall notify the need to submit relevant supporting documents. Documents that may be required to confirm the right to postponement: certificates from the place of work (for employees of education, scientific institutions, etc.), medical documents (in case of granting a postponement due to health conditions), documents confirming family circumstances (presence of minor children , care of people with disabilities, etc.), other documents that can confirm the existence of grounds for postponement.
- Examination of the application and verification of documents: TCC and JV conducts verification of submitted documents. If the supporting documents turn out to be correct and the reasons for the postponement remain valid, the period of validity of the postponement is extended to the conscript. Otherwise, there may be a refusal with explanation of the reasons.
- Update of data in the register: After approval of the decision to extend the postponement, relevant data are updated in the Unified State Register of conscripts, conscripts and reservists. This procedure is important for ensuring the rights of conscripts, so it is important to follow all stages and provide the necessary documents in a timely manner.
Question
Is a medical examination carried out in case of refusal to grant a deferment?
Answer
If the commission makes a decision to refuse to grant a deferment, a conscript who is subject to conscription during mobilization is sent for a medical examination to determine his fitness for military service. A medical examination is a mandatory procedure for establishing the state of health and resolving the issue of fitness for service. The results of this examination will determine whether the conscript is suitable for service under conditions of mobilization. If the suspension period has not yet expired, conscripts are not sent for a medical examination. They are exempted from the examination until the end of the grace period. The exception is cases when a conscript plans to sign a contract for service, in which case a medical examination is mandatory.
Question
Is it necessary to re-collect a complete package of documents to obtain a deferment?
Answer
The government provided for the possibility of checking the grounds for postponement of mobilization with the help of the Unified state register of conscripts, conscripts and reservists. This simplifies the procedure and reduces the number of necessary paper documents. If the information about the grounds for postponement has already been entered in the register, the conscript is not obliged to provide additional supporting documents each time. If, for technical or other reasons, the check cannot be carried out through the register, the TCC and SP may require the conscript to submit supporting documents. These can be, for example, certificates from the place of work, documents on the state of health or other documents confirming the right to deferment.
Thus, the need to submit supporting documents will not be permanent if the data is already in the register. But in some cases, when the information cannot be checked electronically, the TCC and SP may still require the conscript to submit documents manually.
Lawyer services to extend the postponement of mobilization:
Here are the main types of legal services:
Lawyer consultation and legal analysis of the situation: The lawyer services online will analyze your situation and clarify whether you have the right to an extension of the deferral. This can be important in cases of changing circumstances, such as new family circumstances, health or job changes. It will lawyer help determine what documents need to be collected and submitted to confirm the right to deferment.
Assistance of a lawyer in the preparation of documents: A lawyer can help in the preparation of an application for submission to the territorial center of staffing and social support (TCC and SP), in particular, to correctly draft the text of the application and determine all the grounds for postponement. If the documents need to be submitted in paper or electronic form, a lawyers online will help to prepare them correctly. He will also advise what supporting documents may be requested in the event that verification through the Unified State Register of Conscripts is not possible.
Support during the submission of documents: A lawyer can accompany you during the submission of documents to the TCC and JV, ensuring that all requirements are met and documents are submitted on time. In case of problems or unclear questions, a lawyer will be able to represent your interests before the military authorities.
Services of a lawyer when appealing a decision to refuse a postponement: If the commission decides to refuse to extend a postponement, the lawyer will help prepare an appeal to higher authorities or other bodies that have the authority to review this decision. If necessary, a lawyer can prepare a lawsuit in court if the decision to refuse is illegal or unfounded.
Deferral is not a permanent exemption from military duty, but only postpones conscription for a certain period, after which the grounds for extending the deferment or conducting mobilization may be reviewed. If you need help extending your draft deferment during mobilization, legal services can greatly simplify the process and ensure that the paperwork is correct. A lawyer advice will allow you to avoid mistakes when submitting documents and increase the chances of successfully extending the period of validity of the deferral.
