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Publication date: 22.02.2025
Numerous successful cases of granting deferments.
Input Data: The client needed a deferment from mobilization, and their record in the "Oberig" database indicated a "military registration violation."
Solution: Proceed with obtaining the deferment through the proper legal procedure.
Result: The client successfully obtained a deferment under Paragraph 13, Part 1, Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization," underwent a military medical commission (VLC), received a military registration document (VOD), and had the "military registration violation" removed from the "Oberig" database.
Deferment for Caring for a Sick Relative
According to Paragraph 13, Part 1, Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization," a deferment is granted to individuals caring for sick relatives who, based on the conclusion of the Medical and Social Expert Commission (MSEC) or the Medical Advisory Commission (LCC), require constant external care and have no other relatives available to provide such care.
To obtain a deferment under this provision, you must:
- Obtain a medical certificate confirming the need for constant care for a sick relative.
- Provide proof that no other individuals are available to care for the sick relative (e.g., documents from social protection agencies or other official certificates).
Legal Assistance in Obtaining a Deferment
A lawyer can assist in obtaining a deferment under Paragraph 13, Part 1, Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" if you are caring for a person requiring constant external care.
Legal assistance includes:
- Case Analysis: Reviewing whether the individual qualifies for this deferment, evaluating existing documents, and determining what additional documentation is needed.
- Document Preparation: Assistance in obtaining a medical certificate from MSEC or LCC, proof that no other individuals can provide care, a family composition certificate, an extract from the Territorial Community Register, and submitting a request to the Territorial Recruitment and Social Support Center (TCK) for deferment.
- Legal Representation at the Recruitment Office (TCKSP): The lawyer can represent your interests when submitting documents, appeal an unlawful denial by the TCK, and assist in resolving disputes.
- Challenging an Unlawful Refusal: If the TCKSP refuses to grant a deferment without legal grounds, the lawyer can file a complaint with higher authorities or the Ministry of Defense and initiate an administrative lawsuit to have the refusal declared unlawful.
Military Registration Violation in the "Oberig" Database
The "Oberig" database is an electronic registry containing information about individuals subject to military service in Ukraine. It is used by Territorial Recruitment and Social Support Centers (TCKSP) to monitor military registration compliance.
Military registration violations may include:
- Failure to register for military service (e.g., not reporting to TCK after changing residence or receiving a summons).
- Ignoring TCK summonses (failure to appear without a valid reason).
- Providing inaccurate or incomplete registration information (e.g., failing to update address or employment details).
- Avoiding the military medical commission (VLC) (refusing or deliberately delaying the medical examination).
Potential Consequences of a Military Registration Violation in the "Oberig" Database
If a person is listed in the "Oberig" database with a military registration violation, they may face the following consequences:
- Increased scrutiny from TCK – frequent inspections and summons deliveries.
- Administrative penalties – fines under Article 210 of the Code of Ukraine on Administrative Offenses (ranging from 510 to 8,500 UAH).
- Travel restrictions – issues crossing the border if military registration obligations are not met.
- Forced delivery to TCK – in cases of mobilization evasion, authorities may initiate a search and escort the person to the recruitment office.
How to Verify and Correct Your Status?
- Contact your local TCK – check if you are listed with a violation mark.
- Update your records – if there is an issue, submit the necessary documents to correct it.
- Challenge an unjustified listing – a lawyer can assist in submitting an appeal to TCK or filing a court case.
- Pay fines if applicable – if an administrative offense has been confirmed.
If you need assistance in correcting your status in the "Oberig" database, it is advisable to consult a lawyer to avoid unlawful actions by TCK.
Attorney Marina Dyachenko has extensive experience in removing violations from the "Oberig" database and successfully obtaining deferments.
New Regulations
Individuals classified as "limitedly fit" for military service before May 4, 2024, must undergo a re-evaluation within nine months to determine their fitness for military service.
It is strongly recommended to seek professional legal assistance to avoid misunderstandings when applying for a deferment.
Marina Dyachenko is a qualified attorney with a proven track record in: assisting with TCKSP procedures, obtaining deferments, challenging unlawful decisions, removing "military registration violations" from the "Oberig" database
If you have any concerns regarding TCKSP operations, mobilization, or deferment, it is best to consult an experienced lawyer immediately.
