Publication date: 11.07.2024
How to exercise the right to defer mobilisation
Mobilisation in Ukraine, as in many other countries, is a complex and regulated process that involves the recruitment of citizens for military service during emergencies or martial law. However, the legislation provides for the possibility of deferral of mobilisation for certain categories of persons. In this article, we will examine the main aspects of the right to deferment from mobilisation, the legal framework, the categories of citizens entitled to deferment and the procedure for applying for deferment.
The legal framework
The procedure for mobilisation and the granting of a deferment is regulated by several key legal acts:
TheConstitution of Ukraine:
- It guarantees the protection of the rights and freedoms of citizens, including the right to deferment from mobilisation in certain cases.
TheLaw of Ukraine "On Mobilisation Preparation and Mobilisation":
- Defines the legal framework for mobilisation training and mobilisation in Ukraine, including the procedure for mobilisation and the categories of persons entitled to deferment.
TheLaw of Ukraine "On Military Duty and Military Service":
- Regulates the issues of military duty of Ukrainian citizens, the procedure for military service, as well as the conditions for granting a deferral from mobilisation.
TheResolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Granting Deferment of Military Service during Mobilisation":
- Establishes specific rules and procedures for granting deferment from mobilisation for certain categories of citizens.
Categories of persons eligible for deferment of mobilisation
Ukrainian legislation provides for the right to defer mobilisation for certain categories of citizens. These categories include:
Persons who have a health condition that temporarily prevents them from performing service:
- Citizens who have serious medical contraindications or are in the process of treatment may be granted a deferral based on a medical certificate.
Persons caring for sick or disabled family members:
- Citizens who are the sole caregivers for sick parents, children or other disabled family members are eligible for a deferral.
Persons with three or more children under the age of 18:
- Parents of large families may receive a deferral from mobilisation.
Persons taking care of children with disabilities:
- Parents or guardians of children with disabilities are eligible for a deferment.
Persons who are full-time students or postgraduates:
- Undergraduate and postgraduate students enrolled in full-time studies at higher education institutions may be granted a deferral for the period of their studies.
Persons working in strategically important sectors of the economy:
- Employees of enterprises and organisations that are of strategic importance for the economy and defence capability of the country may be granted a deferment based on a relevant decision.
Members of theVerkhovna Rada of Ukraine and local councils:
- Members of Parliament and members of local councils are entitled to a deferment for the period of their duties.
The procedure for obtaining a deferment from mobilisation
In order to exercise the right to be deferred from mobilisation, citizens must follow a certain procedure that includes several stages:
Preparation of the necessary documents:
- The citizen must collect all the necessary documents confirming the grounds for the deferral. These may include medical certificates, birth certificates of children, guardianship documents, certificates from educational institutions, etc.
Submission of anapplication to the military commissariat:
- An application for deferment is submitted to the local military commissariat. All necessary documents must be attached to the application.
Consideration of the application by themilitary commissariat:
- The military commissariat reviews the application and checks the documents provided. If necessary, an additional check or a request to other authorities may be made.
Making a decision on granting a deferment:
- Based on the review of the application, the military commissariat decides whether to grant or refuse to grant the deferment. In case of refusal, the citizen has the right to receive a reasoned response indicating the reasons for the refusal.
Informing the applicant about the decision:
- The citizen is informed of the decision in writing or in person. In case of a positive decision, he or she is issued a certificate of deferral.
Examples of documents required to apply for deferred action
In order to successfully apply for a deferment from mobilisation, a citizen must provide the military commissariat with the relevant documents confirming the grounds for the deferment. Examples of such documents include:
Medical certificates:
- Certificates from doctors and medical institutions confirming a health condition that prevents military service.
Birth certificates of children:
- Copies of birth certificates of three or more children under the age of 18.
Documents on guardianship:
- Documents confirming the status of a guardian or carer of children with disabilities.
Certificatesfrom educational institutions:
- Certificates from higher education institutions confirming the status of a full-time student or postgraduate student.
Certificates from theplace of work:
- Certificates from enterprises and organisations confirming work in strategically important sectors of the economy.
The procedure for appealing against the refusal to grant a deferment
In case of refusal to grant a deferment from mobilisation, a citizen has the right to appeal this decision. The appeal procedure includes several stages:
Applying to a military commissariat with a written complaint:
- A citizen must file a written complaint with the military commissariat, stating in detail the reasons for disagreeing with the refusal and providing additional evidence.
Consideration of thecomplaint by the military commissariat:
- The military commissariat considers the submitted complaint and conducts additional verification of the circumstances of the case.
Decision-making based on the results of the complaint consideration:
- Based on the review of the complaint, the military commissariat decides whether to satisfy the complaint and grant a deferral or uphold the refusal.
Appeal to the court:
- In case of disagreement with the decision of the military commissariat, a citizen has the right to file a lawsuit with an administrative court to appeal against the refusal to grant an extension. The court considers the case and makes a decision based on the evidence provided.
Conclusion.
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