Decree 930: Changes in obtaining a deferral

In Ukraine, as in many other states, mobilization is regulated by a complex of legislative acts, one of which is the newly introduced Resolution № 930 of the CMU on August 16 of this year, which amends the previously adopted Resolution № 560, which regulates the procedure for conscription of citizens for military service on granting deferment from the relevant service. The article examines the main provisions of this resolution, its meaning and practical application.

General context of mobilization in Ukraine

Mobilization is an integral part of the state's national security system, which provides for the call-up of citizens in the event of a threat to national security or during hostilities. The purpose of mobilization is to provide the Armed Forces and other military formations with a sufficient number of personnel.

Resolution of the CMU № 930: essence and main provisions

Resolution of the CMU №930 was adopted to better regulate the conflicting and conflicting points of the old mobilization legislation at the time of the draft postponement procedure. It determines the procedure and conditions under which citizens can use the right to postpone military service. The document also contains a list of persons who can count on such a postponement, and establishes the grounds for granting it.

According to the resolution, the main innovation is the exclusion from the scandalous paragraphs 9 and 13 of PKMU № 560 of the mandatory presence of an Act establishing the fact of providing care (permanent care), which confirmed the right to postponement and was necessarily required for a positive decision by the commission at the relevant TCC and SP. Although this Act was not defined as mandatory in Art. 23 ZU № 3543-ХІ, which, by the way, is hierarchically superior to the Resolutions of the CMU, the commissions under the TCC and SP necessarily required its presence, which created a conflict between these NPAs.

You can find a complete list of persons who have grounds for granting them a deferment in our article - "Who is entitled to a deferment from mobilization?"

The procedure for issuing a postponement of mobilization

To complete it, a citizen must submit a corresponding written application to the TCC and SP, where the citizen is on military registration. Documents confirming the grounds for granting a deferment (medical certificates, birth certificates of children, guardianship documents, etc.) are attached to the application. The application is considered by the commission, which makes a decision on granting or refusing to grant a postponement.

The new procedure differs from the previous one in that now citizens who have parents from among persons with disabilities of the I or II groups or need care according to the conclusions of the LCC or MSEK do not need to first contact the TCC and SP to establish the fact of care and receive the above-mentioned Act.

In order to better understand the procedure for obtaining it on these or other grounds, all this is discussed in our other article - "Deferral from mobilization".

If the decision is made positively, the citizen receives a paper confirmation, namely a Certificate of postponement, confirming the granting of a postponement. It is granted for a certain period, after which it is necessary to either renew the documents or fulfill the obligation regarding the draft, namely for the period of the legal regime of martial law, which is established by the Presidential Decree for a period of 90 days.

Challenges and criticism

CMU Resolution № 930, although it is an important step in the settlement of the issue of mobilization, is not without criticism. One of the problems is the possibility of abuse of the right to postponement by individual citizens, which can lead to inequality in the conditions of conscription. Another problem is the complexity of the procedure for obtaining a deferment, which can become an additional stress for citizens who are already in difficult life circumstances.

Resolution of the CMU № 930 is an important normative legal act that regulates the issue of deferment from mobilization under martial law. It determines the list of persons who can count on a deferment and establishes the procedure for obtaining it. At the same time, the regulation needs constant improvement to prevent abuse and ensure a fair approach to population mobilization.

Taking into account the challenges facing Ukraine, it is important that legislation in the field of mobilization be flexible and meet the real needs of society. This will ensure national security and preserve social stability in difficult conditions.

To receive more detailed information about the normative legal acts in the field of mobilization and help in obtaining a postponement from it, contact the qualified lawyers in the field of military law of the Prikhodko & Partners law firm.