Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
A man liable for military service contacted our company, seeking assistance in obtaining a deferment from mobilization due to his mother’s disability. He provided all the documents he had, and after a detailed review, we determined that the grounds for the deferment were entirely legal and substantiated. The client’s mother has a disability of the appropriate category, and he is the sole person capable of providing her care. Therefore, he has every right to contact the TCC and JV where he is registered for military service and obtain a deferment in accordance with legal requirements.
What did “Prikhodko&Partners” Law Firm provide in relation to obtaining a deferment for care?
The first stage – Submitting documents for a deferment
Our lawyers provided comprehensive support for the initial application: they helped me correctly fill out the application, gather the necessary documents, and submit them to the relevant TCC and JV. It seemed like the process would proceed smoothly, as all legal requirements had been met.
However, the client faced an unexpected and unlawful refusal. The TCC and JV claimed that the documents submitted allegedly “did not confirm the mother’s need for care” and also demanded additional documents that were not even required by current legislation.
There are no provisions in the legislation that would require:
prove “financial insolvency”,
provide any additional documents not required by Procedure № 560,
or explain the intensity/nature of the family relationship with the person being cared for.
In fact, officials created artificial obstacles by refusing to grant a legal deferment, despite the existence of all grounds.
The second stage – Appealing the TCC’s refusal to grant a deferment in court
The next step was to draft and file a claim in anadministrative court, which clearly stated:
evidence of unlawful refusal;
abuse of authority by officials;
a complete list of documents confirming the client’s right to a deferment;
a demand to overturn the decision of the TCC and the JV and require a reconsideration of the application.
Our military lawyer:
fully oversaw the case’s progress in court;
prepared explanations and additional evidence;
analyzed the responses of the TCC and JV and refuted their claims;
maintained contact with the client and informed them of all procedural steps;
provided full legal support until the decision entered into legal force.
Result
The court fully upheld the claim: it recognized the actions of the TCC and the JV as unlawful, overturned the commission’s illegal protocol, and ordered a deferment in accordance with the law.
After the decision came into force, we ensured its implementation in cooperation with the TCC and JV.
As a result, the client received a legal deferment of care, and his mother received a guarantee that he would be able to continue to provide the necessary care.
Refusals by the TCC and JV to grant a deferment are not always legitimate — quite often they are based on an erroneous interpretation of the law or requirements that do not exist at all. This is why it is important to at least consult with a lawyer to clearly understand your rights and properly assess the situation. Furthermore, experience shows that high-quality legal representation in court can produce tangible and desired results.
So don’t be afraid of the legal route – it’s often the most effective way to restore justice and protect your rights.
We work Monday - Friday from 9:30 to 18:00. If you leave a request after 18:00 on weekdays - we will contact you the next business day starting at 9:30.
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