WHO IS ENTITLED TO DEFERMENT FROM MOBILIZATION?

Procrastination is putting off doing something for a certain time. But in the context of military service in Ukraine, a postponement of mobilization is a postponement of a call to military service in the event of a threat to national security or military operations. This is an official decision of the relevant state bodies, which gives certain categories of citizens the opportunity not to be mobilized for military service.

Obtaining a deferral allows citizens to exercise their constitutional rights, such as the right to education, as well as, if necessary, establish care for relatives and loved ones.

A postponement can be obtained by persons who have appropriate grounds for it. The list of such grounds is contained in the Law of Ukraine "On Mobilization and Mobilization Training".

To generalize, the reasons are divided into personal and related to family circumstances.

Personal deferments include:

• due to the state of health, namely in case of disability or temporary incapacity;
• for reserved persons at enterprises and organizations that belong to critical infrastructure and play a significant role in supporting the economy during martial law;
• for persons who receive education on full-time or dual education;
• for persons who are scientific and scientific-pedagogical workers and work at the main place of work at least 0.75 times the rate.

The granting of deferment can be attributed to family ones:

•  for persons who raise sick children and children with disabilities;
• for persons who raise a child on their own or support 3 or more children;
• for persons who have a spouse with a disability, parents or parents of a spouse with a disability of the I and II groups;
• for persons engaged in permanent care or guardians of persons with disabilities or incapacitated persons;
• for persons whose close relatives died or went missing during participation in anti-terrorist operations and during repelling and deterring the armed aggression of the Russian Federation.

How to get a deferral?

In order to receive a postponement of the draft, it is necessary to apply to the TCC and SP at the place of residence and provide the necessary documents that confirm the relevant reason.

For what period is the deferment granted?

The deferment is granted for the period of existence of the circumstance on the basis of which it was granted. However, there are certain cases when a deferment is granted for a year or half a year and the person must confirm the existence of the circumstances on the basis of which the deferment was granted, such persons include students who must confirm their studies. Moreover, deferment is not granted for the period of graduation from the bachelor's degree and admission to the master's degree. From the analysis of this norm, it is also clear that students of the correspondence form of education do not have the right to deferment.

Is it possible to lose the right to postponement?

Yes, you can. It is necessary to emphasize the fact that after receiving a mobilization order and enlisting in a unit, a person changes from the status of conscript to a military serviceman, which means that a serviceman loses the right to deferment. In view of this, it is better to issue a postponement as soon as there is a reason to exercise your legal right.

If you have any questions or need help in writing an application for a deferment, contact the Prykhodko and Partners JC for legal advice.