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Publication date: 23.10.2024
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Deferment from mobilization is a temporary release of a person from the obligation to perform military service within the framework of mobilization measures, for the reasons provided by the law. A postponement can be granted for a certain period or for the duration of the existence of the circumstances that became the basis for its granting.
Documents for postponement must be submitted before passing the VLK (Military Medical Commission), since the postponement is the basis for temporary exemption from conscription or mobilization. This is important because the VLK assesses the physical condition for fitness for duty, but the decision to grant a deferment is based on other legal or social grounds.
Question
When to submit documents for postponement?
Answer
Before the start of the VLK process: if there is a reason for a postponement (for example, care for a disabled person or a family member, education, health), documents to confirm these reasons are submitted to the TCC (Territorial Recruitment Center) before the VLK is passed. This will avoid referral for a medical examination and subsequent procedures. After submission of documents for a deferment: if the documents confirm the right to a deferment, the TCC may not appoint a VLK or suspend its passage until all legal aspects regarding the deferment have been considered.
The main reasons for postponement:
- care for a person who needs constant care (for example, a disabled person of group 1 or 2);
- a state of health that temporarily prevents military service (it is advisable to obtain confirmation from civilian medical institutions before submitting to the TCC);
- teaching;
- other legally defined grounds.
Documents for postponement must be submitted before passing the VLK (Military Medical Commission), since the postponement is the basis for temporary exemption from mobilization or conscription. If you apply for a postponement after the VLK, you can already receive a referral to the service or another distribution, and the reasons for the postponement can be ignored.
The procedure for obtaining a deferral:
- Collecting documents: collect all the documents that support your reason for deferment (eg medical certificates, proof of care for a person in need of assistance, health certificates, etc.).
- Submission of documents to the TCC: after collecting the necessary documents, you submit them to the Territorial Center for Staffing and Social Support (TCC and SP) before the appointment of the VLK.
- Decision on postponement: if the documents confirm the reason for postponement, the TCC can make a decision on postponement without the need to go through the VLC or with a postponement of this procedure.
- Passing VLC (if necessary): if the decision on postponement has not been made or there are additional requirements regarding your health, you can be referred to VLC. In this case, the VLK evaluates your suitability for military service based on medical indicators.
Legal support during the VLK and obtaining a postponement by the "Consultant" service includes:
- Consultations on the preparation of documents: the lawyer will help to properly prepare the documents that confirm the grounds for the postponement and check that they meet all legal requirements.
- Accompaniment during the submission of documents: a lawyer can accompany you to the TCC during the submission of documents and check that they are correctly completed and submitted for review.
- Assistance during the VLC: If it comes to the VLC, a lawyer can prepare you for the medical board, provide legal advice about your rights and responsibilities, and help avoid possible misunderstandings.
Appealing the decision: if the TCC or VLK refused to grant a deferment, a lawyer can help you file a complaint and appeal this decision to the appropriate authorities.
A lawyer can be useful during the VLK (Military Medical Commission) and application for a postponement in several situations:
- Uncertainty about rights and procedural aspects: If you are unsure about your rights or procedures during the medical examination, a lawyer can explain your rights, help you understand what to expect from the medical commission, and how to proceed at each stage of the process. He can help with explaining the legal grounds for deferment, and the correct execution of applications and documents.
- Disputed medical conclusions: If the medical commission recognizes you as fit for service, but your health or documents indicate otherwise, a lawyer can help you appeal the medical commission's decision. In case of disagreements about the diagnosis or rejection of medical documents, a lawyer can advise on legal steps to assert your rights.
- Uncertainty with documents for deferment: A lawyer will help you collect and correctly execute all the necessary documents that confirm the basis for deferment (medical certificates, documents about caring for family members, documents about education, etc.). It is important to submit these documents before the medical commission, and the lawyer can monitor the process so that everything is correct and on time.
- Refusal to grant a deferment: If you have been denied a deferment or are having problems recognizing your grounds for receiving it (for example, the CCC does not recognize documents about personal care or health status), a lawyer can help you file a complaint and appeal the decision in administrative or judicial proceedings.
- Avoiding possible violations: In some cases, situations may arise where the CCC or the VLK do not act in full accordance with the law. A lawyer will help protect your interests, avoid violations, and ensure that your rights are respected during the mobilization process.
You must contact a lawyer of the legal service "Consultant":
Before passing the VLK — for preparing documents for postponement or consultations on passing the medical commission.
During VLK — in case of complications with medical conclusions that you consider to be incorrect.
After the VLK - if it is necessary to appeal the decision of the VLK or the TCC on the refusal to grant a postponement.
A lawyer can also physically accompany you during a visit to the TCC or VLC to support and protect your interests.
Legal support is an important element, especially if there are difficulties with confirming the grounds for a postponement or in cases where it is necessary to protect one's rights during the VLC. Lawyers of the legal service "Consultant" can help you correctly draw up documents for postponement and protect your rights in case of disputes with TCC and joint venture.
