"Every person has the moral ability to defend their rights".
Assistant lawyer
Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.
What should I do if the Territorial Recruitment Center does not accept documents?
The communication between a person liable for military service and the TCC is a painful topic for many people. On the one hand, videos with examples of forced mobilization are occasionally posted on the Internet. On the other hand, there are centralized efforts to transform the current mobilization legislation to make the procedure for conscription into the Armed Forces of Ukraine within the framework of mobilization during a special period clearer and more understandable.
If you are interested in advice or legal support in these matters, the specialists of Prikhodko & Partners Law Firm offer their qualified assistance, as military law is our specialization and focus of practice. Therefore, we regularly keep our finger on the pulse of legislative updates and are the first to learn from practice about the specifics of the application of certain regulations.
What legislation regulates this issue?
The legal regulation of relations between the state and citizens of Ukraine in the matter of the constitutional duty to defend the Motherland is vested in the Law of Ukraine «On Military Duty and Military Service» of March 25, 1992. This legal act defines the key principles of service. However, this is not the only law worth paying attention to in the context of this topic. There is also the Law «On Mobilization Preparation and Mobilization», which contains a list of grounds for postponement.
The next regulatory act worth paying attention to is the Procedure for Conscription of Citizens for Military Service during Mobilization and for a Special Period. It was approved by Government Resolution № 560 of May 16, 2024. This document is usually referred to simply as «Resolution 560» because it is immediately clear what it is about. This Resolution defines the procedure according to which persons liable for military service and reservists are granted a deferral from conscription during mobilization for a special period.
It is important to note that the Resolution contains a number of annexes that specify which documents confirm the existence of certain grounds for the delay. And this is an extremely important aspect. A situation may arise when a person has a reason for the deferral, but has not prepared the proper documents to confirm the actual state of affairs. In this case, the person runs the risk of receiving a summons.
What problems do persons liable for military service face?
There are cases when representatives of the TCC and JV create obstacles for citizens, preventing them from exercising their right to deferment. Some of the most common cases are
- failure to accept documents sent by post in accordance with the procedure established by law;
- demanding additional documents.
If representatives of the TCC do not accept documents sent by post and refuse to postpone the deadline on these grounds, their actions can be appealed. And we know a step-by-step algorithm on how to do this by applying to the district administrative court to protect your rights.
If additional documents are required, our team will analyze each situation separately and develop a plan of further actions. If necessary, we go to court.
The lawyers of Prikhodko & Partners Law Firm will use all the necessary tools within the legal framework to protect your rights and legitimate interests. We always work for the result, so we will do everything necessary to ensure that the representatives of the TCC and the JV accept your documents and record the right to deferral.
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Assistant lawyer
Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.
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