Publication date: 06.07.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Mobilization — is a set of measures aimed at transferring the economy, armed forces and other state structures to martial law. Mobilization can be both partial and general, depending on the needs of the country in conditions of military conflict or other emergency situation, time of conscription for military service. It provides for the conscription of conscripted citizens for military service, the training of equipment and resources, as well as the organization of the work of enterprises and institutions in wartime.
Main aspects of mobilization
- Conscription for military service
- Organization of work of enterprises
- Material and technical support
- Ensuring public order
Mobilization is an essential element of national security and defence, and its successful conduct requires clear planning, coordination and the involvement of all State resources.
However, according to the current legislation, a number of citizens of Ukraine can issue a postponement of mobilization under certain circumstances. Let's talk about it in detail.
Deferral from mobilization is granted to certain categories of citizens on the basis of the country's legislation. This means that the said persons are exempted from conscription for a period of time or under certain conditions, in what cases is a deferment from mobilization granted.
Question
In what cases is a deferment from mobilization granted
Answer
In the event that a person has temporary health problems, persons undergoing treatment or rehabilitation after an illness or injury. It is also possible due to family circumstances, such as people who have three or more children under the age of 18, single parents raising children under the age of 18 or people who are looking after disabled relatives if there is no other person able to provide this care. Students and post-graduate students who are studying full-time in higher educational institutions or students of vocational and technical educational institutions are also entitled to a deferment. The grounds can be divided by professional activity - they can be employees of enterprises, institutions and organizations that are critically important for the functioning of the state and economy, civil servants, employees of law enforcement agencies and other structures that ensure national security. As well as other persons who have other grounds for postponement, defined by legislation.
Procedure for obtaining a deferral:
- Collection of necessary documents: these may be documents confirming temporary incapacity or the need for treatment. Child birth certificates, family composition certificates, guardianship or care documents for disabled relatives, certificates from the place of study confirming the status of a student or apprentice or certificates from an employer confirming employment in critical positions.
- Submission of an application: it is necessary to write an application for a postponement of mobilization with an indication of the grounds and submit all the necessary documents to the military commissariat or the relevant state body.
- Consideration of the application: The Military Commissariat or other authorized body examines the submitted documents and makes a decision on granting a postponement. The applicant shall be notified of the decision to grant the deferral.
Appealing a refusal to grant a deferral from mobilization – is a legal process by which a citizen who has been refused a deferral can apply to a higher authority or court to review and overturn this decision. Appealing the refusal to grant a postponement of mobilization is the right of every citizen, and its successful implementation depends on careful preparation, collection of evidence and professional legal support. This process includes preparing the necessary documents, filing an appeal or statement of claim, and participating in the proceedings.
Postponement of mobilization and appeal of refusal to postpone is an important legal mechanism that allows to ensure the protection of citizens' rights and the functioning of critical structures during the period of mobilization. Prepare all necessary documents and justifications in advance. Comply with the deadlines for filing appeals and complaints established by law.
Question
Is it possible to refuse military service in wartime?
Answer
Refusal of military service in wartime in Ukraine is a serious issue regulated by legislation. During martial law, the state has increased requirements for the mobilization and participation of citizens in the defense of the country. Refusal of military service in wartime is possible only on certain grounds determined by law.
Cancellation of deferment from military service — is a process in which a previously granted deferment is annulled and a conscript undertakes to perform military service. In Ukraine, the procedure for canceling a postponement is regulated by the Law of Ukraine «On Military Duty and Military Service», as well as other normative legal acts.
Grounds for cancellation of deferral:
Expiration of the deferral period: the deferral is granted for a certain period, after which it is automatically canceled.
Change of circumstances: if the circumstances on the basis of which the postponement was granted change, the military commissariat has the right to review the decision on the postponement. For example, if the deferral was granted for health reasons and the health condition improved.
Detection of false data: if it is found that the deferral was granted on the basis of false or falsified data, it may be revoked.
Violation of the conditions of postponement: if a conscript violates the conditions under which the postponement was granted, for example, does not study at an educational institution, a decision may be made to cancel it.
Constantly consult with a lawyer to get professional help at all stages, namely: what to do if the military police does not give a delay in learning, what responsibility will there be for refusing a call for mobilization, military registration and enlistment office does not grant a deferment for studies. Contact a lawyer or a law on deferment from the army and lawyers reservation from mobilization to get professional advice in our legal service Legal Marketplace consultant and we will help you find options for deferment from mobilization and how to avoid a fine for refusal of mobilization, deferment in the military registration and enlistment office.
