Roman Pidkovenko is a lawyer in Khmelnytskyi with 4 years of experience. He specializes in credit disputes, mobilization issues, family, and civil law. Provides legal consultations, represents clients in court, and prepares claims and complaints. Assists with divorce cases, mobilization deferrals, and debt collection.
Input Data:
In the context of general mobilization in Ukraine, a client – a postgraduate student – approached lawyer Roman Pidkovenko, urgently needing qualified legal assistance to formalize a lawful deferment from mobilization. According to current Ukrainian legislation (specifically, the Law of Ukraine "On Mobilization Preparation and Mobilization"), postgraduate students studying full-time or dual forms of education are entitled to a deferment.
However, exercising this right in practice is often complicated by bureaucratic obstacles, the need for correct and prompt collection of a full package of documents, and the complexity of interacting with territorial recruitment and social support centers (TRCSCs). The client faced the risk of being mobilized before completing his studies and scientific work, which could have irreversible consequences for his academic career and life plans. The problem lay in securing a state-guaranteed mobilization deferment through the proper execution of all necessary legal procedures.
Problem:
Lawyer Roman Pidkovenko conducted a detailed analysis of the client's situation and relevant legal norms. Key aspects included:
- Legal grounds for deferment: It was clearly established that the status of a full-time/dual-form postgraduate student is a direct basis for granting a deferment from military service during mobilization. This right is enshrined in Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization."
- Determining the necessary package of documents: A complete list of documents confirming postgraduate student status was established (certificate from the higher education institution, copies of enrollment orders for postgraduate studies, individual study plan, university license, Master's/Specialist's diploma, etc.).
- Procedural requirements of TRCSCs: Current requirements and potential "pitfalls" in the procedure for submitting documents to TRCSCs were studied to minimize the risks of refusal due to formal reasons or subjective factors. TRCSCs often demand additional documents or misinterpret the law, so it was important to protect the client from such situations.
- Timelines and efficiency: In mobilization matters, efficiency is critically important, as any delay could lead to the issuance of a summons or other undesirable consequences.
Desired Outcome:
Securing a lawful mobilization deferment for the postgraduate student through proper formalization and submission of all necessary documents to the TRCSC, avoiding mobilization, and protecting the right to education.
Responsible Lawyer:
Roman Anatoliiovych Pidkovenko — lawyer specializing in military law and mobilization issues, with experience in successfully obtaining deferments.
Solution:
Lawyer Roman Anatoliiovych Pidkovenko applied a comprehensive and efficient approach to ensure the client received a guaranteed mobilization deferment:
- Promptly assembled a full package of documents.
The lawyer immediately advised the client on the exhaustive list of necessary documents and assisted in their quick acquisition. This included not only standard certificates but also specific documents confirming the form and level of postgraduate study, as well as relevant licenses of the educational institution. - Meticulously prepared the application and ensured legal support.
A legally impeccable application was drafted for the TRCSC, containing a clear reference to the legal norms granting the right to deferment and a detailed list of attached documents. The lawyer provided full legal support to the client during his visit to the TRCSC, advising on behavior, potential questions from TRCSC employees, and the correct recording of document submission. The presence of a lawyer during document submission often plays a decisive role in preventing unsubstantiated refusals or process delays. - Ensured proper submission of documents to the TRCSC.
The lawyer supervised that all documents were submitted correctly, registered, and confirmation of their acceptance was obtained, which is a guarantee of further official consideration and the exclusion of manipulation by the TRCSC.
Result: Thanks to the professional and efficient work of lawyer Roman Anatoliiovych Pidkovenko, just 7 days after submitting the documents, the client received official confirmation of the mobilization deferment. This is an exceptionally fast and successful result for similar administrative procedures under martial law.
This case is a clear confirmation of the effectiveness and necessity of qualified legal assistance in mobilization matters. It demonstrates that even in sensitive areas like military registration and mobilization, it is possible to promptly and successfully realize citizens' legal rights when experienced professionals take on the case. The client's success highlights the importance of adhering to all legal nuances and professional support, which helps avoid bureaucratic obstacles and ensure the rule of law even in a special period. Lawyer Roman Anatoliiovych Pidkovenko once again demonstrated his expertise in mobilization issues and his ability to achieve the best results for his clients.
