Publication date: 02.06.2024
active and purposeful military lawyer with more than 4 years of experience
TCC and SP ignores the postponement of the booked: can it be appealed in court?
Introduction
In the period of martial law, the question of deferment from the draft is extremely important for many citizens. However, even in the presence of a legal deferment, sometimes there are situations when the Territorial Centers of Recruitment and Social Support (TCCs and SPs) ignore these deferments. In this article, we will consider how to act in such a situation and whether it is possible to challenge the actions of the TCC and SP in court.
Regulatory and legal framework
Deferral Legislation
Postponement of conscription is regulated by the Law of Ukraine "On Military Duty and Military Service". This law provides grounds for deferment, including education, health, family circumstances, and other reasons.
Resolutions and orders
In addition to laws, issues of postponement are regulated by resolutions of the Cabinet of Ministers of Ukraine and orders of the Ministry of Defense of Ukraine. These regulations detail the procedures for granting deferment and determine the responsibility for their compliance.
The procedure for obtaining a postponement
Application submission
A citizen who has the right to a deferral must submit a corresponding application to the TCC and SP. Documents confirming the right to deferment (certificates from the educational institution, medical reports, etc.) are attached to the application.
Consideration of the application
TCC and JV are obliged to consider the application and make a decision on granting or refusing the postponement. In case of a positive decision, a corresponding document confirming the postponement is issued.Ignoring the postponement: causes and consequences
Possible reasons for ignoring
Ignoring the deferment may be the result of administrative errors, insufficient coordination between agencies, or deliberate violations of the law by officials.
Consequences for the conscript
Ignoring the postponement can lead to wrongful conscription, which creates legal and social problems for the conscript and his family.
Challenging the actions of the TCC and SP
Preparation for appeal
In order to challenge the actions of the TCC and SP, it is necessary to collect all the documents confirming the right to postponement, as well as any evidence of ignoring this right (refusal to accept documents, lack of response to the application, etc.).
Filing a complaint
The first step is to file a complaint with the higher bodies of the TCC and SP or the Ministry of Defense of Ukraine. The complaint should describe the situation in detail and include all available documents.
Lawsuit
If the administrative appeal does not give results, you can appeal to the court. The lawsuit is submitted to the administrative court at the location of the TCC and JV. In the lawsuit, it is necessary to specify all the circumstances of the case, add documents and demand the restoration of the right to postponement.
Judicial proceedings
The court considers the case on the basis of submitted documents and testimonies of the parties. If the actions of the TCC and SP are recognized as illegal, the court can oblige them to restore the conscript's rights and grant a reprieve.
Conclusion
Challenging the actions of the TCC and SP, which ignore the postponement of the draft, is a possible and legitimate step to protect one's rights. It is important to act decisively, follow legal procedures and be prepared for a lengthy process.Knowledge of the law and consistency in actions will help achieve justice and restore your rights.
Recommendations
**Please consult a lawyer
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