Фото: Can they mobilize reserved persons?

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Lobunko Michael

Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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Can they mobilize reserved persons?

Reading time: 2 min.

Currently, one of the reasons for receiving a deferment is the reservation of conscripts from the enterprise where the persons are officially employed. Accordingly, after receiving "armor", conscripts receive a reprieve.

However, a common question is whether they can still mobilize already booked persons. It should be noted right away that already officially booked persons cannot be mobilized for the duration of the reservation without their personal consent. Since according to Article 23 of the Law "On Mobilization and Mobilization Preparation", reservation is an official reason for postponement of mobilization during martial law in the country. Therefore, the mobilization of persons with a postponement on the grounds of reservation is not possible, if such persons have not expressed their personal consent to undergo military service.

It should be understood that mobilization is possible in case of cancellation of deferment for a conscript on this basis. Direct cancellation of such a postponement is possible in a number of clear cases.

  • First of all is when the reservation expires.
  • Secondly, in those cases when the enterprise that booked its employees was liquidated or the booked employee was dismissed from the enterprise that provided the reservation. Such grounds are also the fulfillment of a mobilization task or order by the enterprise.

Or if the enterprise has lost the status of critical infrastructure for one reason or another. In such cases, the reservation is accordingly canceled and the person loses the right to postponement and may be mobilized. In other cases, the mobilization of booked persons is impossible.

Therefore, persons booked for the period of mobilization in accordance with the procedure established by the Cabinet of Ministers of Ukraine for state bodies, local self-government bodies and enterprises, organizations and institutions cannot be mobilized and such mobilization will be illegal and will violate the current legislation.

But in the event that a reserved person wishes to undergo military service, he can appear at the TCC, declare such a desire, pass the Military Medical Commission and then be mobilized to the armed forces.

 

However, different situations may occur in practice. No one is immune from the possible arbitrariness of TCC employees. We repeatedly learn from the media and the stories of acquaintances about such abuses. Therefore, it is important to always have the contacts of a good lawyer who specializes in the field of military law at hand. He will help defend his client's rights when they are encroached upon.

It often happens that even when a person is sure of his rightness, he gets confused, feeling pressure from officials. Legal support and the representative function of a lawyer in the interaction of a citizen with authorized state bodies helps to resolve the situation without giving up one's rights.

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Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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