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DEFERMENT FROM CONQUISTION FOR MILITARY SERVICE DURING MOBILIZATION

During martial law, not all persons are subject to mobilization. There is an extended list of persons who cannot be drafted at all or can be drafted at their own will.

According to Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, conscripts are not subject to conscription for military service during mobilization:

  • Reserved for the period of mobilization and wartime by state authorities, other state bodies, local self-government bodies, as well as by enterprises, institutions and organizations in accordance with the procedure established by the Cabinet of Ministers of Ukraine;

Persons reserved for the period of martial law are not subject to mobilization actions. These can be employees recruited to work at critical infrastructure facilities, in the rear, at enterprises engaged in the provision of the Armed Forces of Ukraine, civil servants, etc.;

  • Recognized in accordance with the opinion of the military medical commission as temporarily unfit for military service due to their health for a period of up to six months;

Military medical commissions are held at the territorial centers of recruitment and social support. Based on the conscript’s medical data (medical certificates, medical reports, disability certificates, diagnoses, etc.), examination and examination, they decide the conscript’s suitability for military service. This conclusion can be of three types: on the full suitability, unsuitability and limited suitability of the conscript for military service in wartime.

  • Women and men who have three or more dependent children under 18 years of age.

For a postponement on this basis, it is necessary to document paternity/maternity with the help of a birth certificate, the fact of establishing paternity, etc.

  • Women and men who independently raise a child (children) under the age of 18.
  • Women and men who are dependent on a child with a disability of subgroup A under the age of 18;
  • People’s deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea
  • Full-time students, postgraduates and doctoral students.

In order to defer students, it is necessary to take a certificate from the higher educational institution about full-time studies and submit it to the territorial recruitment and social support center, the latter, in turn, makes an entry in the registration certificate or military ticket about the postponement.

  • Women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather, grandmother or biological (consanguineous, non-consanguineous) brother or sister) died or went missing during an anti-terrorist operation;
  • Other categories of persons, in accordance with the law.

Quite often, territorial recruitment and social support centers (military mothers) call up people for military service despite the existence of the grounds provided for in the law.

The reasons for such actions can be different: starting from lost documents and ending with ordinary mistakes when examining the personal card of conscripts.

Also, lawyers of JSC “Prikhodko&Partners” noticed some conflict in the legislation: the grounds for postponement of mobilization provided for in Article 23 of the Law “On Mobilization Training and Mobilization” do not coincide with the grounds for exemption from military service provided for in Article 26 of the Law “On military duty and military service”.

That is, if a person exempted from mobilization has nevertheless been called up for military service, he can no longer be exempted on the grounds of deferment from service. That is why there are many accidental cases that require legal support.

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