Фото: GROUNDS FOR RELEASE FROM MOBILIZATION

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Ternova Diana

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.

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GROUNDS FOR RELEASE FROM MOBILIZATION

Reading time: 3 min.

 

During the period of martial law, persons subject to mobilization begin to think about serving a summons. However, not all persons can carry out military service for certain reasons. Such reasons can be both the state of health and certain family circumstances.

Every citizen of our country has corresponding rights and responsibilities. In turn, as practice shows, conscripts, unfortunately, are not always aware of their rights. Yes, the legislation clearly provides for cases in which a person has grounds for exemption from mobilization. Such a list is contained in Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", which refers to the postponement of conscription for military service during mobilization. It should be noted that the postponement is granted for the period as long as there is an appropriate reason. In turn, persons who are recognized in the established procedure as persons with disabilities indefinitely, or on the basis of a conclusion (resolution) of the military medical commission on unfitness for military service with exclusion from military registration, are exempted from mobilization.

  • Is it necessary to inform the TCC and SP (Military Commissariat) about the right to postponement?

- Yes, it is necessary. If you do not exercise your right to postponement, you may be mobilized, as the Military Committee may not have your updated data.

  • How to inform the TCC and SP (Military Commissariat) about the right to postponement?

- In person or by mail.

If you have received a summons, you can appear at the military commissariat at the specified time, having prepared and formed the relevant documents that confirm the fact of the right to exemption from mobilization and write a statement. These documents must be registered as incoming correspondence in order to confirm the provision of such documents and attach them to your personal file.

Another option is to notify the Military Commissariat in advance before serving the summons. The mechanism is almost the same, write a statement, attach supporting documents, and send a valuable letter with a description with a notification of service.

Tip: if you have been refused, you must receive this refusal officially - in writing, and not verbally. In order to analyze the refusal and add the missing documents and resubmit them, as well as to have the opportunity to appeal this decision in court.

However, there are cases when the TCC and SP nevertheless mobilize persons who had grounds for dismissal from military service, because the person did not update his personal data or did not confirm the fact that entails such dismissal.

 

Therefore, in order to avoid such a mistake, it is better to consult with a lawyer in advance, who will analyze your situation and provide appropriate legal assistance.

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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.

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