Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
Postponement of conscription from May 18: changes to the law
A new law on mobilization has been in force in Ukraine since May 18. This law eliminated the "limited fit" classification, causing men with that designation to lose their deferment. They will now have to undergo another medical examination to determine their fitness for duty. Under the new legislation, we have identified who will no longer be entitled to a deferment and who will now be entitled to this benefit.
In connection with the beginning of a full-scale war, young men of draft age began to be enrolled in higher educational institutions to receive a deferment. However, with the introduction of the new law, some students will now be subject to mobilization. Currently, only full-time and double-degree students, as well as those who have obtained a higher level of education than before, receive a deferment. This means that obtaining a second or third higher education or part-time study will no longer grant a deferral. With the recent adjustment to the conscription age, those aged between 25 and 26 will no longer be eligible for deferment. In addition, the updated legislation provides that parents of many children lose benefits for deferment if they have child support arrears. In addition, TCCs will have access to the register of debtors. Another innovative change was the cancellation of the deferral for employees of enterprises, institutions and organizations of the Ministry of Defense.
Now the question arises: who has the right to postpone? With the signing of the law, several categories of persons will have the right to postpone mobilization in 2024, including persons with disabilities, persons who have been in captivity, parents who have three or more children under the age of 18, parents, adoptive parents. and guardians of disabled children, parents who support adult disabled children, parents who have a child in military service, single mothers and fathers, scientists and teachers who work at the minimum rate of 0.75, guardians of persons recognized in accordance with the law disabled persons, persons who support disabled parents without a capable spouse, grandchildren of grandparents with disabilities, as well as conscripts who have missing or deceased close relatives.
Individuals in the armed forces and civil service will also be exempted from mobilization. Participation is optional for the following categories of persons:
• persons who are people's deputies
• Judges
• Human Rights Commissioner of the Verkhovna Rada of Ukraine
• Chairman and other members of the Accounting Chamber
• Diplomatic personnel
• Employees of military administration bodies, military units of the Ministry of Defense, the Armed Forces of Ukraine, DSNT, SBU, SZRU, NSU, the State Border Service, the Ministry of Internal Affairs and specialists of the expert service institutions of the Ministry of Internal Affairs.
In order to ensure the right to postponement, it is necessary to obtain confirmation from the territorial military commissariat. Failure to comply with this requirement may result in a person being drafted.
If the wife is assigned a disability of the 3rd group, will they grant a deferment?
New regulations have been introduced regarding the spouses of persons who have been assigned a disability of the III group. Conscript men are granted a deferment only in cases where the wife's disability is established by oncological diseases, the absence of a limb, hand, foot, one of the paired organs, mental disorder caused by cancer, cerebral palsy or other paralytic syndromes.
In order to receive a deferment from mobilization in Ukraine, individuals must submit a written application to the TCC or SP based on their location. In order to approve the application, it is necessary to provide supporting documents that confirm the right to deferment. These documents may include the birth certificate of dependent children, a student card, or a disability certificate from the VLK.
Escort at the territorial recruitment and social support center provided by the lawyers of the legal service "Consultant" will help to avoid fine for failure to appear at the military commissariat and responsibility for failure to appear at the military commissariat. Lawyers of the service will conduct a legal analysis and help in advance to form an algorithm of action upon receiving a summons from the Military Commissariat.
