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Publication date: 06.11.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
Postponement of mobilisation is a temporary release of conscripts from conscription for military service if there are certain grounds. Such a decision is adopted by the Military Medical Commission (MMC) or military commissariats (TCC and SP) on the basis of legislative norms.
Conscripts can receive a deferment according to certain criteria, in particular:
- According to the state of health - if the VLK determines temporary or permanent unfitness for service.
- Due to family circumstances - for persons who have dependents or care for family members who need care (for example, care for parents or other relatives with disabilities).
- Through study or work — for students, graduate students, as well as certain specialists who work in areas important to the state.
- For other reasons — in particular, if it is provided for by special laws or decrees in the case of martial law.
The deferment provides an opportunity to address personal, family, or professional obligations without risking conscription. This allows the conscript, if there is a reason, to legally perform other important duties or restore health.
Let's consider an example of registration of postponement of mobilization due to health. It is provided to conscripts based on the conclusion of the military medical commission (MMC), which assesses the person's ability to perform military duties. If, according to the results of the VLK, it is established that the conscript has a disease or health condition that temporarily or permanently makes service impossible, he may be granted a postponement or complete exemption from military service.
The procedure for obtaining a postponement:
- Passing the VLK: after being called to the TCC, the conscript is sent to the VLK, where he undergoes an examination and provides all available medical documents that confirm his state of health.
- Conclusion of the VLK: based on the medical examination, the VLK makes a decision on fitness, limited fitness or unfitness for service. If a decision on limited fitness or temporary unfitness is made, a postponement can be granted for a period of up to 6 months with the need for a re-examination.
- Preparation of documents: in case of a positive decision of the VLK, the documents are transferred to the TCC, and the conscript is officially granted a deferment from mobilization.
- Re-examination: If the deferral was temporary, for example for six months, a re-examination will be required after the deferral to confirm the further need for the deferral.
Question
Can they refuse to issue a deferral?
Answer
Yes, a postponement can be refused if medical documents do not confirm a serious illness or disability, which provide for a postponement according to Ukrainian legislation. The VLK evaluates the extent to which your state of health affects the possibility of service, and if it believes that you are capable of performing your duties, it can make a decision to refuse. There are insufficient supporting documents or there are errors in the registration of documents. For example, if the medical certificates are incomplete, incorrect or do not meet the requirements. In case of suspicion of falsification of documents or deliberate concealment of the real state of health, the commission may order additional examinations. There are discrepancies between the conclusions of different medical institutions.
Legal support in such cases will help prepare all the necessary documents, ensure compliance with your rights during the commission, and also appeal the refusal in case of violation of legal grounds. The help of a lawyer at the stage of passing the VLC can be useful, especially if there are difficulties with obtaining the documents necessary to confirm the state of health, or if you need to appeal the decision of the commission. A lawyer will help:
prepare medical documentation;
to accompany at the stages of passing the VLC;
to appeal the decision of the VLK if it does not correspond to the actual state of health.
Services of a military lawyer when receiving a deferment from mobilization due to health conditions includes assistance in interaction with the TCC and SP, VLK, as well as protection of rights at all stages of the process.
The main aspects of such support by the "Consultant" legal service:
- Evaluation of documents and preparation of the application: the lawyer will help to collect and prepare medical documentation that confirms the state of health, and will formulate an appeal to the VLK.
- Support during the VLC: a lawyer can represent your interests during the VLC, ensuring the objectivity of the commission's conclusion and preventing possible violations.
- Appealing conclusions: in case of disagreement with the decision of the VLC, the lawyer will help in filing a complaint or submission for reconsideration, in particular, will prepare a legal basis for the appeal.
- Protection from possible sanctions: If you have documented health status but have been denied a deferment, a lawyer can protect your rights and help you avoid an illegal draft.
A military lawyer is a lawyer specializing in military law who provides legal assistance to military personnel, reservists, conscripts and their families. A military lawyer protects the rights and interests of clients in matters related to military service and can represent them in court and administrative cases, as well as during various procedures in military institutions.
In the process of applying for a postponement, the lawyers of the "Consultant" service will help you collect all the necessary documents, check their compliance with the requirements, and explain how to correctly prepare medical documentation. In the case of refusal to grant a postponement, the lawyer will prepare a reasoned complaint and help collect additional medical evidence for submission for reconsideration. If the TCC requires you to appear at the center despite your existing health condition, a lawyer will help you justify the legality of your actions and prevent fines or other sanctions.
Contacting a military lawyer helps to protect the rights of conscripts, prepare documents correctly and avoid possible complications during the application for deferment. Such support helps ensure compliance with your rights and increases the likelihood of receiving a deferment based on an objective medical opinion. A lawyer will help ensure that the conscript's rights are fully and properly respected during this process. This guarantees compliance with the rights of conscripts and obtaining an objective assessment of the state of health.
