Publication date: 29.05.2024
The Cabinet of Ministers has changed the procedure for granting deferral to special employees who analyze the regulatory activities of the government, the Verkhovna Rada of Ukraine and the Office of the President of Ukraine.
Professional analysts were selected from the Council of Ministers of Ukraine, the Parliament of Ukraine and the Office of the President of Ukraine, individual checks were conducted and the procedure for submitting documents was determined.
As I have already written, the Law 3633-IX on enhanced mobilization introduces a new category of people who are entitled to unconditional deferment, effectively equating them to people with disabilities.
These are the bodies that draw up opinions on draft legal acts and carry out technical, scientific, legal expertise and/or examination of adopted legal acts, cybersecurity, cyber defense and software security for business in information technology.
These are the officials who directly perform the tasks of support.
Development, maintenance of databases, implementation and support of modern information and communication technologies in the bodies supporting the activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine.
This means that officials dealing with draft documents and adopted laws and regulations, as well as "activists" of authorized committees are counted separately without a 50% limit.
They have been allocated to a separate category (categories "B" and "C"), unlike other civil servants, who are now only half reserved.
The procedure for granting deferment to "experts" and "activists" is set out in the Procedure for Conscription of Citizens for Military Service during Mobilization for a Special Period, approved by the Cabinet of Ministers Resolution No. 560 of May 16.
By Resolution No. 591 of May 21, the government introduced additional changes to this procedure.
Thus, in order to obtain a deferment, you must submit:
- A certificate from the place of work,
- an order (instruction) on appointment to the position certified by a minister who is a person with ministerial powers, and the Verkhovna Rada.
At the same time, there is some regulatory ambiguity as to whether these documents should be submitted personally or by the head of the relevant institution.
For example, Annex 5 to Resolution No. 560 on mobilization and wartime mobilization from state aut-horities, other state bodies, local self-government bodies, as well as enterprises, institutions and orga-nizations states: In accordance with the procedure established by the CMU, submissions to the CCC Committee are made by the heads of state authorities, other state authorities, local self-government bodies, enterprises, institutions, etc. regarding persons registered with the special military registration.
An organization that registers the postponement of military service during the mobilization of persons liable for military service in accordance with the procedure established by the CMU and excerpts from the Regulation of the Ministry of Economy of Ukraine on the reservation of conscripts.
However, for professionals and IT specialists working in the Office of the President of Ukraine, ministries, and the Verkhovna Rada of Ukraine (a separate category in the new law), they must submit documents to the MCC, but there is only a list of documents.
The fees for confirming the deferral are not specified in the annex.
Thus, this rule states that if there are grounds for postponement of military service during a special period of mobilization, persons liable for military service (except reservists) must personally submit an application to the head of the district committee.
An application in the form given in Annex 4 is submitted to the Regional Center for Recruitment and Social Support or its department, to which the documents confirming the right to deferment or copies of these documents certified in accordance with the list below and in compliance with Annex 5 are attached.
Mandatory registration is required for enlistment in military service.
Public authorities, other state bodies, local self-government bodies, enterprises, institutions and organi-zations postpone the call-up for military service during mobilization for employees liable for military service (civil servants) hired in accordance with the procedure established by the Commission of the Cabinet of Ministers of Ukraine.
The law does not apply to the territory of a district (city) CEC within its jurisdiction.
Therefore, the question arises as to why the legislator singled out "experts" and "activists" as a separate category of reservists, thus creating confusion in the procedure for granting deferrals.
Thus, we see that the amendments adopted not only to the current law are adopted taking into account changes in the requirements of the time and the imposed martial law in Ukraine, but also in accordance with the fact that a legal analysis of the situation was carried out, legal advice was provided and legal services were provided through online legal services, lawyer services online, documents were analyzed and documents were checked by a lawyer and a lawyer services, legal opinion was issued.
