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Every day there are more and more controversial points regarding the interpretation of the terms of deferment from military service. As a result, there are more and more requests for lawyers to clarify such conditions and arrange for deferments accordingly. In this case, it is impossible to avoid problematic issues that arise in the process of passing the specified procedure.
Unfortunately, a large percentage of citizens who decide to exercise their right to postponement on their own face violations of their rights. This usually happens due to ignorance in the legal field and low awareness of the population regarding specific aspects in this matter.
Thus, having received a refusal to receive a deferment, individuals agree without realizing that their rights have been violated, and as a result do not seek justice, because they do not know the effective mechanisms for achieving it.
In order to avoid misunderstandings in the future and to simplify the procedure for obtaining a deferral as much as possible, we suggest that you familiarize yourself with the main aspects.
As a general rule, in order to receive a postponement, you need to properly inform the TCC about the circumstances and desire to exercise the right you are granted and receive an answer regarding the consideration of your application. At the same time, it is quite obvious that this legal norm is general and requires clarification during its implementation.
Then the question arises: “What to do and is it possible to do something, if there is a deferment by law, but the TCC refuses to receive it?”
In this article, we will talk with you about the appeal of the refusal to grant a postponement in court.
Based on practice, the most common refusals are:
- wife’s disability of 3 groups;
- their parents or the parents of their spouse (husband) from among persons with disabilities of group I or II, provided that such persons with disabilities do not have other able-bodied persons who are obliged by law to support them;
- engaged in constant care for a person with a disability of I-II groups or for a person who, according to the opinion of the medical and social expert commission or the medical and advisory commission of a health care institution, needs constant care, in the absence of other persons who can provide such care;
- women and men who independently raise a child (children) under the age of 18.
To date, judicial practice has been formed in a certain way and continues to be formed, however, there are quite opposite approaches of courts that have legal significance for granting a person a deferment from conscription during mobilization.
An example of a positive decision can be the decision of the Chernivtsi District Administrative Court.
Therefore, the Chernivtsi District Administrative Court satisfied the lawsuit for recognition as illegal and annulment of the decision of the Dnistrovsky District Territorial Center of Staffing and Social Support, in the case concerning a conscript who has a wife who is a person with a disability of III group and who lives with him alone family
So, if you have problems in processing the postponement, do not delay, contact the Prykhodko and Partners LLC, our company’s specialists have an individual approach to each client, will analyze your situation and help you solve your issue.