Lawyer
Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Appealing the decision of the TCC on deferment
According to the legal norms enshrined in Article 23 of the Law “On Mobilization Preparation and Mobilization”, military-liable citizens have the right to apply for a deferment from military service if there are certain grounds. It is this article that defines the grounds that give the right to a deferment. And they are specified in the Resolutions of the Cabinet of Ministers № 560 of May 16, 2024 and № 76 of January 27, 2023. If the representatives of the TCC have unreasonably refused to issue you a deferment, you can seek legal support from the specialists of the “Prikhodko & Partners” Law Firm. Specializing in military law, we offer our clients consultations, legal support and representation in court.
What should you know about the mechanism for making a decision on a deferment?
The decision to grant or refuse a deferment is made by the territorial recruitment and social support center (TCC and JV). If a conscript receives a refusal, it must be drawn up in accordance with the requirements for such a document set forth by the norms of the current legislation. This refusal must also be motivated in a proper manner. It cannot be unfounded.
However, when we talk about how it happens in practice, then often, unfortunately, we have to state that the refusal to grant a deferment is groundless. In such a case, legal assistance aimed at restoring the violated right will be extremely relevant.
What is the procedure for appealing the decision of the TCC?
According to Article 55 of the Constitution of Ukraine, every citizen has the right to appeal decisions of state authorities. If we talk about the options for appealing the decision of the TCC, then the following two scenarios are relevant here – appeal in the administrative and judicial format. When it comes to the first of the mentioned scenarios, it is assumed that an appeal is made to the highest body of the TCC. And when a person liable for military service applies to the court for protection of the violated right, this occurs in the order of administrative proceedings. The main legal norms regulating this issue are in Articles 5, 17, 104, 105 and 106 of the Code of Administrative Procedure of Ukraine.
As for the specifics of judicial appeal, it is important to know that, according to Article 122 of the CAPU, a claim must be filed with the court no later than 6 months from the moment the conscript received a refusal to grant a deferment from authorized representatives of the TCC. The following main aspects of filing a claim are important:
- the claim specifies the violated rights of the conscript;
- it is important to add evidence to the claim confirming the right to a deferment;
- the decision of the TCC, which is being appealed, is also attached.
As for judicial practice in such cases, today there are enough examples of won cases, where conscripts managed to defend their rights and legitimate interests in court. Therefore, if the actions of authorized representatives of the TCC in relation to you are unlawful, you should use the judicial means to protect your rights.
What factors can complicate the appeal process?
What factors can complicate the appeal process?Appealing a decision of the TCC is not always easy. Often this process is complicated by the fact that the TCC representatives either do not motivate their refusal or do not provide a written response. And in order to challenge the decision in court, the conscript must have it in hand, because it is this decision that is the subject of the appeal.
Therefore, the following recommendations will be relevant for citizens in such situations:
- always submit an application for a deferment in writing;
- demand an official response to the application from authorized representatives of the TCC and JV;
- if there are grounds, contact a lawyer who specializes in military law issues and can help in appealing the decision of the TCC, providing competent legal support.
In addition to all of the above, it is important to collect documents confirming the right to a deferment in a timely manner. These may be documents on marital status, medical reports, certificates from work and other documentation that confirms the right of the conscript to a deferment.
It should also be understood that the concept of “reason for deferment” and “deferment” itself are not identical. Even if a conscript has a reason for deferment from military service, but has not formalized it properly, from the point of view of the law, he is considered to have not used his right to deferment. Therefore, in order to avoid problems in the legal field, you need to take care of these issues in a timely manner. Otherwise, an unexpected meeting with representatives of the TCC may end in mobilization, even if there is a reason for deferment from military service during a special period.
If you want to order a consultation from a lawyer on military law, legal support or representation of interests in court, fill out the feedback form on our website. A military lawyer from the “Prikhodko & Partners” law firm will call you back to provide an initial consultation.
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Do you have grounds for a postponement?
2 question
Have you applied for a deferment and been denied?
3 question
Have you updated your data?
4 question
Do you need the assistance of a mobilization lawyer?
Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
You may also need:
Legal advice on mobilization
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Postponement of mobilization
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Update of data in the Military Committee (TCC and JV)
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Applying for a deferment from mobilization by mail
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Search for a TCC
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Mobilization lawyer
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Legal support at the Military Commissariat
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Lawyer for TCC
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