Publication date: 25.06.2024
Текст In Ukraine, deferment from mobilization can be granted by various categories of conscripts based on the norms of the current legislation.
The text of Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization" contains the main grounds for obtaining a postponement of mobilization.
ТекстFor the convenience of classifying the grounds for obtaining a deferment, it is worth dividing those listed in Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization" into several groups.
In particular,
Пункт. Family reasons:
- The presence of minor children (men who have three or more children under the age of eighteen can receive a deferment from mobilization. There is an exception to this rule. If a man does not pay alimony payments and has an existing debt, he is deprived of the right to receive a deferment for on this basis).
- Raising children by single parents (a person who independently raises (for example, death of a mother, deprivation of her parental rights, sentencing to deprivation of liberty and serving a sentence, etc.) a child (children) under the age of eighteen may receive a deferment from mobilization).
- Guardianship or guardianship (those who are guardians/custodians of minor/minor children or persons recognized as incapacitated/restricted can receive a deferment from mobilization).
Пункт. Medical indications:
- State of health (presence of diseases or conditions that temporarily or permanently make military service impossible).
- Пункт. Education and scientific activity:
- Students and postgraduates (persons studying full-time/dual-time in higher education institutions, postgraduate or doctoral studies)
- pedagogical, scientific and pedagogical workers (teachers, lecturers of higher educational institutions, etc.) - Пункт. Professional activity:
- Employees of critical infrastructure (persons who work at enterprises, institutions and organizations that are of strategic importance for the functioning of the economy and ensuring the livelihood of the population).
- Deputies, judges, prosecutors (separate categories of officials).
Пункт. Other grounds:
- Caregivers (persons who care for family members who need constant assistance (pensioners, disabled people)).
Питання
What actions must be taken to receive a deferment from mobilization??
Відповідь
ТекстTo obtain a deferment from mobilization for any of the reasons listed in Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization", a conscript must apply to the territorial recruitment and social support center with relevant documents confirming his right to postponement.
Текст The list of required documents may vary depending on the reason for the postponement. That is why, before submitting an application to the territorial recruitment and social support center (TCC and SP), you should seek comprehensive legal advice from a professional lawyer who will check the correctness of the documents and help you prepare an application for such a postponement.
The text of the procedure for obtaining a deferment is clearly regulated by the "Procedure for the recruitment of citizens for military service during mobilization, for a special period", which was approved by Resolution No. 560 of the Cabinet of Ministers of Ukraine dated May 16, 2024 (hereinafter - Procedure No. 560).
In particular, in accordance with Order No. 560, a person who has the right to a deferral must personally submit an appropriate application to the TCC and JV and the necessary documents.
The list of such documents is also given in Order No. 560 and depends on the specific reason for obtaining a postponement.
In particular, if a conscript has the right to deferment due to his wife's disability (groups 1, 2), he must submit, together with the application for such a leave, a marriage certificate and a document certifying his wife's disability (a certificate of a medical examination by the social expert commission on the form approved by the Ministry of Health, or a certificate confirming the relevant status, etc.).
If, for one reason or another, a conscript needs to be escorted to the TCC (accompaniment to the military headquarters), a professional lawyer will be able to help him with this.
To receive a deferment in connection with studies, a certificate from the educational institution, etc. is required.
The decision to grant a deferment is made by the appropriate commission formed in the territorial center of recruitment and social support (tsk and SP) on the basis of a careful study of the application and the documents attached to it, which confirm the grounds for obtaining a deferment in each specific case for certain conscripts. In case of refusal to grant a postponement, such refusal can be appealed in court.
Текст It is also important to take into account the fact that deferment does not permanently exempt from the performance of military duty, but only postpones its performance for a certain period of time. Persons who received a deferment still remain conscripted. In the event that the reasons that served as the basis for obtaining a deferment no longer exist (for example, the deferment was granted due to the wife's disability, the marriage between the spouses was dissolved), then the person can be mobilized on general grounds.
The main stages of preparing documents for receiving a postponement from mobilization include:
- ПунктPoint preparation of documents (depending on the grounds for obtaining a deferral, the list of documents will vary. Documents submitted in copies must be duly certified);
ПунктApplication submission point (preparation of an application specifying all the necessary details for receiving a postponement of mobilization);
ПунктDocument submission point (it is necessary to submit all the necessary documents together with the prepared application to the TCC AND SP);
ПунктApplication consideration point (TCC and SP must consider the application with the relevant list of documents within seven days. However, in practice, this term can reach several weeks.
ПунктThe point of obtaining a decision (in case of refusal, you can appeal this decision in court).
ТекстThe grounds for obtaining a postponement of mobilization may change in accordance with current changes in the current legislation. For accurate, verified, and up-to-date information on this matter, it is best to consult a professional military attorney.
