Publication date: 02.06.2024
Lawyer
What are the grounds for refusing to grant a postponement?
Mobilization and conscription is an issue that worries many Ukrainians. One of the important aspects is the possibility of receiving a postponement of the draft, which allows you to postpone the service for a certain time. However, conscripts are not always able to take advantage of this opportunity, and the grounds for refusing to grant a deferment are becoming an actual topic. In this article, we will consider why it is important to seek professional legal help in a timely manner, as well as what grounds there may be for refusing to grant a deferment.
Grounds for refusal to grant a postponement
Resolution No. 560 of the Cabinet of Ministers of Ukraine dated May 16, 2023 approved the procedure for conscription of citizens for military service during mobilization. This procedure establishes a mechanism for granting a deferment, but, unfortunately, does not contain specific grounds for refusing to grant it. This means that the commission at the TCC (Territorial Procurement Center) has extremely wide powers in the matter of approving or refusing to grant a deferment.
Yes, the commission under the TCC can refuse to grant a postponement for any reason, since Cabinet Resolution No. 560 does not establish specific grounds for refusal. Normative legal acts usually establish at least general reasons for refusal, such as "insufficiency" or "non-compliance" of documents. However, in the case of postponement of mobilization, such specific grounds have not been determined.
Broad powers of the commission
The commission at the TCC has the right to assess the legality of the reasons for granting a postponement at its own discretion. This can create situations where the refusal to grant a deferral appears to be unreasonable or even illegal. If the commission decides to refuse, the conscript is sent for a medical examination to determine his suitability for military service.
Application review procedure
Conscripts who wish to receive a deferment must submit an application to the commission at the district or city TCC. Documents confirming the right to postponement are attached to the application. The commission is obliged to consider these documents within seven days from the date of receipt of the application. In case of refusal, the commission is obliged to inform the applicant about it, indicating the reasons for the refusal. However, as already noted, these reasons can be arbitrary due to the lack of a specific list of grounds for refusal.
Why it is important not to waste time and seek professional legal help in a timely manner
Consulting a lawyer can be a crucial step in protecting your rights. An online lawyer will be able to provide prompt assistance, analyze documents, and provide a legal opinion on the compliance of your grounds for deferment with the law. Timely consultation of a lawyer will help you prepare all the necessary documents and correctly issue them for submission to the commission at the TCC.
Timely application for professional legal assistance will also avoid possible errors and deficiencies in the documents, which may become grounds for refusing to grant a deferment. A lawyer will help you understand all aspects of your situation and protect your rights in case of unjustified refusal.
Conclusion
Obtaining a deferment from conscription can be a difficult process, especially due to the lack of specific grounds for refusal in the legislation. In such a situation, it is important to have a reliable legal partner to help you protect your rights.
"Legal Marketplace Consultant" LLC offers professional legal support, analysis of documents, lawyer's help online, and consultations on all issues related to mobilization and military service. Our lawyers and lawyers will provide you with the necessary support, help with the preparation of documents and ensure the protection of your rights in case of refusal to grant a deferment. Do not waste time - contact us for professional advice and legal assistance.
