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With the beginning of the full-scale invasion, martial law was introduced in Ukraine, which continues to this day, and with it the mobilization continues. However, not every citizen can go to serve due to objective circumstances. And for such persons there is a procedure for granting deferment from mobilization.
What is the provision of postponement of mobilization regulated?
The grounds for obtaining a deferment are provided for in the Law of Ukraine “On Mobilization Training and Mobilization”, which contains an exhaustive list of grounds for conscripts who are not subject to conscription for military service during mobilization.
Those persons who fall under this list can exercise their right by applying to the TCC and JV with a corresponding statement, which is better to write with a lawyer in order to clearly state the circumstances and prevent elementary mistakes. And, accordingly, collect documents that confirm this or that circumstance.
Given the changes in the legislation regarding the granting of deferments, conscripts increasingly began to receive a refusal to grant a deferment.
What to do if you received a refusal to grant a postponement of mobilization?
- First, contact a lawyer for advice. Submit all the documents that you provided to the TCC and JV and explain in detail the basis on which you want to receive a deferral. If the answer from the TCC and JV was written, it is necessary to inform the lawyer about this and provide him with this answer for perusal.
- Secondly, if during the consultation it turns out that the refusal was verbal or the documents were not accepted properly, or they were accepted but not considered. The lawyer will provide qualified and practical advice on how to proceed. You will receive a written response from the TCC and SP regarding your appeal and refusal.
In the future, if all the pre-trial levers have been used, and the problem has not been solved, and you really have the right to a postponement and they want to mobilize you illegally, you need to file a lawsuit in court.
Unfortunately, there is still no fully formed established practice in this field, but there are already rare cases of appeals against the refusal to grant a postponement. Therefore, in the case number 600/5410/23-a of the Chernivtsi District Administrative Court on recognition as illegal and annulment of the decision of the Dnistrovsky District Territorial Center of Recruitment and Social Support, in the case related to the granting of a deferment to a man who has a wife with the IIIrd group of disabilities , the court fully satisfied the claim.
Therefore, if you have been refused a postponement of mobilization, do not be in a hurry to give up, but contact a lawyer as soon as possible in order not to waste time and not to miss the deadline for appeals.
Since the process of issuing a deferment is a somewhat complicated and somewhat risky task, it is better to contact a specialist in the field of military law, who will advise you individually based on his experience.