How to avoid mobilization on legal grounds?

In the current difficult period, many citizens are wondering how to legally avoid conscription. There are clearly defined conditions under which a person may not undergo military service.

The legal procedure for mobilization

Men between the ages of 25 and 60 who have passed a medical examination and are deemed fit for service are subject to mobilization, except for those who have grounds for postponement.

Women can enter the military service only on a voluntary basis by signing a contract, as well as persons with disabilities. However, if a woman has a medical/pharmaceutical education, she must be registered with the TCC and SP.

The TCC can mobilize a conscript, regardless of his place of registration, but before that he must be officially registered.

The mobilization process consists of several stages:

• Notification of the need to appear before the TCC by serving a summons.
• Arrival at the military commissariat to clarify data, make changes to military registration documents and enter information in "Oberig".
• Passing a medical examination at the VLK.
• Determination of grounds for postponement.
• Issuance of an official draft paper.
• Directions to the place of service.

If a man has a military accounting specialty, he will likely be assigned to that specialty, but if he does not, then he is required to complete basic military training.

Is it possible to avoid mobilization?

In Ukraine, there are certain legal grounds for exemption from mobilization, if a person meets the specified criteria, he can issue a postponement and not mobilize.

The most common ghosts of getting a deferral include:

• Physical/mental limitations.
• Caregivers of disabled relatives.
• Persons with minor children or parents with many children.
• Reserved employees.
• Men studying in educational institutions.
• Adopters, guardians.
• Certain categories of civil servants.
• Scientists and pedagogical teachers.
• Conscripts, whose close relatives were declared missing, missing or dead.
• Other grounds established in the Law "On Mobilization Training and Mobilization".

Importantly! The mere fact that there are grounds for deferment from military service does not guarantee automatic provision. The postponement will be considered valid only after the submission of the necessary supporting documentation and its proper registration. Only then will the person be able to legally avoid mobilization.

Liability for evasion of conscription

In addition to administrative liability - a fine, the conscript may also bear criminal liability under Articles 336, 336-1 of the Criminal Code.

Article 336 of the Criminal Code establishes the punishment for evasion during mobilization, during a special period, or when reservists are called up, and is one of the most frequently applied. Imprisonment for 3-5 years is provided for such actions.

A conscript who has been officially notified of the need to come to the TCC and SP for general mobilization is subject to punishment. If this person deliberately avoids the draft, his actions are qualified according to this article.

For the correct qualification, it is necessary to prove the presence of intent to evade, as well as the aspect of illegal refusal to pass the VLC.

Article 336-1 of the Criminal Code defines evasion of the civil protection service during a special period or during targeted mobilization. Such a violation is punishable by imprisonment from 2 to 5 years.

What are the types of mobilization avoidance?

• Evasion from appearing on a summons. This is one of the common types of refusal, when the man simply does not appear at the specified time and place according to the summons.
• Providing false information, including providing false medical certificates or other documents that exempt from military service.
• Refusal to pass VLK. If a person does not want to undergo a mandatory military medical examination, this is also considered as evasion.
• Emigration / departure abroad.
• Failure to appear after completing all stages, including receiving military uniform and equipment. This is considered as desertion / voluntary abandonment of the unit.

Each of these types has its own legal consequences, which vary from administrative fines to imprisonment.

Assistance of the military lawyer of the company "Prikhodko and Partners"

We offer:

1. Consulting on mobilization legislation, preparation of documents for deferment or exemption from military service.
2. We will challenge illegal actions, decisions of the TCC, file complaints, lawsuits, etc.
3. Protection of the interests of military personnel regarding illegal orders, transfers, dismissals.
4. Assistance in matters of women's military service (drafting of contracts, resolution of service disputes, etc.).

Our team always works for the result and in every situation helps clients reach the most profitable solutions available.

To receive a lawyer's consultation on mobilization issues or to order a lawyer's service, fill out the form on the website and our lawyer will contact you shortly.