New list of persons not subject to mobilization

In April 2024, the legislation on mobilization was significantly amended, and in May these changes came into force. More than 15 legal acts have been transformed. One of the issues that was particularly affected by the changes was the postponement of mobilization. In short, Article 23 of the Law of Ukraine «On Mobilization Preparation and Mobilization» defines the list of persons who may be deferred. At the same time, the list of legal acts regulating this issue is much wider.

What other legislation regulates deferral?

Thus, the relevant provisions on the issue of deferral can also be found in the Resolution of May 16, 2024 № 560 «On Approval of the Procedure for Conscription of Citizens for Military Service during Mobilization, for a Special Period». It is worth noting that the new law on mobilization and this Resolution contradict each other in some of their provisions. It is not without reason that legal circles have already said about the second of the above-mentioned legal acts: «The Resolution is a law unto itself».

In jurisprudence, there is such a thing as the hierarchy of legal regulations in terms of legal force. This means that in the event of a conflict between the legal provisions of a law and a regulation, the priority should be given to the law, as it has the higher legal force. But in practice, it happens differently. Therefore, today, it is important for people affected by the provisions of the aforementioned regulations not only to be aware of the theoretical aspects, but also to be aware of the practice of their application and the possibilities to protect themselves from abuse of power by officials of the TCC and JV.

Who decides on deferrals in the TCC?

The following persons are responsible for considering deferral issues in the TCC:

1. The head of the commission. This means the head of the district or city TCC or its separate subdivision.
2. Members of the commission. These are representatives of the staff and structural units of the district or city state administration (military administration).

If a person liable for military service (except for those who are reserved) is entitled to a postponement, he or she personally submits an application to the head of the commission of the TCC. The form of this document is set out in Annex 4 of the said Resolution. Also, Annex 5 sets out the procedure for submitting the documents confirming the right to deferral along with the application. All documentation must be certified in the manner prescribed by law, and the application itself is subject to mandatory registration.

What can be the decision of the TCC?

If the TCC makes a positive decision to defer a person liable for military service, he or she is issued a certificate in the prescribed form. The document must specify the period of validity of the deferment.

If the representatives of the TCC refuse, the person liable for military service is also notified in writing. The form itself is defined in Annex 7 of the Resolution. A decision to refuse a deferment may be appealed in court.

How can we be of service?

The lawyers of Prikhodko & Partners Law Firm specialize in military law, so they can help clients in such matters efficiently. The most popular services today are:

• Consultations that help you get reliable answers to your questions. This is important when there is a lot of misinformation and fake news about mobilization.
• Support in cooperation with the TCC. This includes physical support, which helps to prevent officials from exceeding their authority and protect against the risk of force mobilization.
• Representation in court. If representatives of the TCC unreasonably refuse to postpone your application, you should apply to the court.

We work for results, so we will do our best to defend your rights. Fill out the form on the website and our lawyer will contact you as soon as possible.