Postponement of mobilization

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Borevych Mariia

Lawyer

Ukraine / Kyiv

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Publication date: 08.07.2024

I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.

In the conditions of today's realities, many of you are interested in the issue of issuing a postponement of mobilization. Let's consider some categories of such persons (parents with many children and care for the wife's parents) and the procedure for obtaining the dream postponement of mobilization.

Deferral from mobilization for parents with many children is an important right granted to certain categories of citizens in order to ensure their family responsibilities. In Ukraine, parents with many children have the right to postpone mobilization in accordance with the law. Here are the main provisions and recommendations for postponement for parents with many children.

Criteria for obtaining a deferral:

1. Large families with three or more children under the age of 18.
2. Single parents raising three or more children on their own.
3. If in a large family one child is a person with a disability (regardless of the number of children), this may also be grounds for postponement.

Procedure for obtaining a deferral:

• Collection of necessary documents: originals and copies of birth certificates of all children, document confirming the number of children in the family and their age. Single parents need documents confirming the absence of the other parent (death certificate, court decision on deprivation of parental rights, etc.).
• Submission of documents: submit an application and all necessary documents to the military commissariat or the relevant state body.
• Consideration of the application: the military commissariat or other authorized body considers the submitted documents and makes a decision on granting a postponement. The applicant shall be notified of the decision to grant the deferral.

Deferral from mobilization for persons caring for the wife's parents may be granted on the basis of legislation, if their care is mandatory and impossible for other persons to carry out. The main provisions and procedures relating to obtaining such deferral are described below.

Criteria for obtaining a deferral:

1. Incapacitated parents of the wife: The parents of the wife are incapacitated due to age, illness or other circumstances.
2. Absence of other persons for care: Absence of other relatives or persons who can take care of the wife's parents.
3. The presence of the need for constant care: this must be confirmed by medical documents — by the decision of the medical and social expert commission (ISEC) or the conclusion of the LCC (medical advisory commission).

Procedure for obtaining a deferral:

• Collection of necessary documents: documents confirming the incapacity of the wife's parents (conclusions of medical institutions, certificates of disability, etc.), marriage certificate confirming family ties with persons under care, etc.
• Submission of an application: write an application for a postponement of mobilization indicating the grounds, submit the application and all necessary documents to the military commissariat or the relevant state body.
• Consideration of the application: the military commissariat or other authorized body considers the submitted documents and makes a decision on granting a postponement, the applicant is sent a notification of the decision on granting a postponement.

Appealing the refusal to receive a postponement from mobilization is possible and can be carried out in several ways. If you have been refused a postponement, you have the right to appeal such a decision through administrative or judicial procedure.

The procedure for appealing the refusal to receive a postponement:

1. The first step may be to appeal to the leadership of the military commissariat, which issued a decision on the refusal to grant a postponement. You can apply for a review of the decision by attaching additional documents or arguments confirming your right to postponement.
2. The second step is a complaint to the territorial body of military administration, if the appeal to the military commissariat did not yield results, you can submit a complaint to the highest body of military administration (regional equipment center or Ministry of Defense).
3. If an administrative appeal has failed, you have the right to go to court. You can appeal the decision to refuse to grant a postponement in the administrative court at the location of the military commissariat. For this, it is necessary to prepare a statement of claim, in which you should justify your demands and provide evidence of the illegality of the refusal.

An appeal against the refusal to grant a postponement of mobilization can be carried out both administratively (through appeals to higher authorities) and through the court. It is important to prepare all the necessary documents confirming your right to postponement and, if necessary, use the help of a lawyer. Obtaining a deferral from mobilization and challenging the refusal to grant a deferral from mobilization is the right of every citizen, and its successful implementation depends on careful preparation, collection of evidence and professional legal support.

Legal support for obtaining a postponement from mobilization consists in providing comprehensive assistance to a person who wishes to receive a postponement in accordance with the legislation of Ukraine. This helps to correctly prepare documents, challenge possible refusals and ensure the protection of rights in court or during interaction with military institutions.

The main services included in the legal support for obtaining a postponement:

Consultation: analysis of your situation and determination of the grounds for granting a postponement. Acquaintance with legal norms and clarification of legal possibilities for obtaining a postponement. Evaluation of the documents you have and recommendations on which documents need to be collected additionally.

Preparation and collection of documents: drafting of an application to the military commissariat or other body responsible for mobilization. Assistance in collecting the necessary documents (medical certificates, MSEK decisions, family composition certificates, etc). Preparation of documents confirming your right to postponement, including requests to medical institutions, social services, guardianship and guardianship authorities.

Representation of interests before military authorities: application for a deferral of mobilization on your behalf. Conducting negotiations with military bodies, commissions or representatives of territorial assembly centers. Protection of your interests during commission or other procedures related to mobilization.

Court support: preparation of an evidence base for a court appeal against the refusal of a postponement. Representation in the administrative court for the purpose of appealing decisions of military commissions or territorial assembly centers. Support during court hearings, negotiations with lawyers of the other party, if necessary.

Follow-up of the implementation of the decision: after receiving the postponement, monitoring that the decision of the military authorities is properly implemented. Assistance in restoring documents and solving other legal issues after receiving a postponement.