Фото: PROCEDURE FOR OBTAINING DEFERMENT FROM MOBILIZATION

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Kozyan Tatyana

Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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PROCEDURE FOR OBTAINING DEFERMENT FROM MOBILIZATION

Reading time: 3 min.

For the duration of the mobilization, a postponement from military service can be obtained by persons who are subject to the list in Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization". In particular, we are talking about persons with an established group of disabilities, a father and mother with many children, persons whose relatives, according to the list, are persons with disabilities or need care/guardianship, etc. That is, it is not possible to mobilize the people listed in Law № 3543-XII without their consent.

However, these persons should contact their district or oblast territorial center of recruitment and social support in order to carry out the procedure for receiving a postponement of mobilization.

  • The first step in the general procedure is to submit an application. Individuals should write a statement in a free form, indicating the following data: to whom the statement is written (to the head of the relevant TCC and SP), passport data, the reason for granting a postponement from mobilization on the basis of the relevant part of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" with with a request to consider the application and grant a postponement, also, indicate the date and your signature.
  • The second step is to add to the application the necessary list of documents to confirm the existence of a reason for the postponement.

That is, it can be: medical certificates, a conclusion of the Ministry of Health and Welfare, a child's birth certificate or medical documents confirming the health status of relatives.

  • The third step – the application will be registered in the log of incoming correspondence of the territorial recruitment and social support center.
  • The fourth step will be consideration of the application by the commission of TCC and JV regarding the granting of a postponement.
  • The last thing is to get an extract from the protocol book. In the extract, the data of the person who submitted the application and claims for a postponement, date of birth, the very reason for the postponement, the number and date of the postponement protocol and the signatures of the commission members are indicated.

Duration of the deferral

The postponement is valid as long as the ground itself exists, that is, the right to postponement. That is, if it is a postponement in connection with the presence of a conscript or conscripts who are dependent on three children under the age of 18, then, accordingly, the postponement is effective until one child reaches the age of majority.

In practice, there are cases when a person received a postponement, but employees of the TCC and JV periodically call and call to check changes in the circumstances of the postponement.

 

If a subpoena has been received?

A summons can be served on any person. There are several types of subpoenas:

  • to clarify data;
  • to pass a military medical board;
  • to come to the conscription station;
  • to be drafted into the Armed Forces.

The person's actions depend on the nature of the subpoena. In the event that a person has already been suspended from mobilization, but a summons has been served, it is necessary to appear before the TCC and SP with an explanation of the circumstances and the existing postponement.

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Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

Contact now
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