Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
We were contacted by a client whose father has the 1st group of disabilities. However, he did not know where to start and how to properly prepare all the necessary documents for submission to the Dnipro Territorial Center for Recruitment and Social Support. He was afraid that incorrect filling out of documents or insufficient grounds could lead to denial of a deferral. And it was at this moment that he turned to our military lawyer Diana.
The progress of the case
Diana concentrated on a detailed study of the case. The first task was to gather all the necessary evidence that would support the legal right to deferment.
At the time of the application, the reason for the postponement was as follows:
“Conscripts who have a wife (husband) from among persons with disabilities and/or one of their parents or parents of a wife (husband) from among persons with disabilities of group I or II are not subject to conscription during mobilization, provided that such persons with disabilities do not have other able-bodied persons obliged by law to support them.
First step: Consultation
At the first stage, Diana held a consultation with the client, during which she explained all aspects of the law and the procedure for preparing documents. She explained in detail what documents need to be collected to confirm the status of the father with a disability and the absence of other persons who could provide care.
Second step: Preparation of documents
The next step was the preparation of documents. A military lawyer helped with the preparation of an application to the TCC and JV, which indicated all the legal grounds for obtaining a deferment. She helped draft a clear and well-founded letter with a reference to paragraph 11 of part 1 of article 23 of the Criminal Code “On mobilization training and mobilization”, in which she described the situation and explained in detail his right to a postponement.
The statement clearly stated that the Client is caring for his father, who has a Group I disability, and that there are no other able-bodied persons who are required by law to support him.
Third step: Submission of documents and legal support
After preparing all the necessary documents, the Client, together with the lawyer, went to the TCC and JV, where they submitted the relevant documents for consideration. Both TCC and JV took it into consideration and noted that the Client really has the right to deferment.
Fourth step: Submitting an application in accordance with CMU Resolution № 560
But on May 18, 2024, changes were made to the legislation, which made it impossible to grant a postponement based on the old list of documents. And therefore, after analyzing these changes, lawyer Diana conducted a comprehensive consultation regarding further actions. She announced what documents still need to be collected, helped to fill out all the necessary applications for the TCC and JV, and the client, already without physical escort to the TCC and JV, calmly left and independently submitted the documents for postponement, while after that, the lawyer controlled the situation with official requests.
Result
Thanks to the professional help of Diana’s lawyer, the Client was able to successfully obtain a postponement of mobilization. The TCC and SP recognized his right to a deferment in accordance with paragraph 13 of the Law of Ukraine “On Mobilization Training and Mobilization”, since he is the only person who cares for and supports his father with a disability of group I.
This case demonstrates how important qualified legal support is during the process of obtaining deferment from mobilization. In cases where specific legal knowledge and procedural compliance are required, the assistance of a military lawyer can be critical to success. The lawyer not only helped the Client gather all the necessary documents, but also provided important support at every stage of the process, which allowed him to maintain the right to care for his father and at the same time fulfill his military duties in accordance with the law.
If you have questions about mobilization, military registration, VLK, registration of deferment – fill out the form below and our lawyer will contact you for an initial consultation.
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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