Application for deferral

An application for a deferment from mobilization is a tool for communication with representatives of the military commissariats and joint ventures, which makes it possible to use your legal grounds to avoid being called up. If you are looking for military law specialists who can help in this matter, the lawyers of Prikhodko & Partners Law Firm can provide effective support.

Who is entitled to a deferment from mobilization: changes

An application for a deferment from the army is possible if there are specific grounds provided for this. Recently, the list of such grounds has been significantly narrowed, given the army’s objective need to strengthen and engage more people in defending the homeland. For example, the opportunities for undergraduate and graduate students have been narrowed. Education becomes a reason for postponement when it is consistent. It is equally important that the form of education should be full-time or dual. This is due to the fact that, according to statistics, the number of postgraduate students has increased many times during the full-scale Russian invasion.

The possibilities for deferral for those who care for their relatives have also narrowed. If we analyze the dynamics of legislative transformations since the beginning of the full-scale war, this ground has been changed several times. For example, it used to be possible to even arrange for care for a person with whom a person liable for military service is not related. Today, of course, this is no longer the case. Moreover, in order to use the right to deferment in this case, it is necessary that there are no other relatives who are obliged to provide such care. If all those who have to provide this care are persons liable for military service, then the person in need of care has the right to choose who they would like to receive it from.

The requirements for single parents with whom a child lives have changed. Now, this ground will only apply if the child’s mother has died, is declared missing, or needs care herself and cannot take care of the child.

Who has the opportunity to take a deferral?

Thus, the following categories of citizens still have grounds for deferral:

• Those who have a disability;
• those who take care of parents with disabilities in cases where there are no other persons who have to do so and are not liable for military service;
• those who have a wife with disability groups I and II (in this case, the above ground applies without exception);
• those who have a wife with the third group of disability if her disease falls within the list defined by law (for example, cancer, absence of a hand or foot, a number of other diseases);
• those with 3 or more dependent children under the age of 18;
• students of consecutive education;
• reserved employees.

There are also some other categories of persons, so we talk about this in more detail in the course of counseling, taking into account the circumstances for deferment in a particular situation. It is with this careful approach that you can be sure that the application for a draft deferment will be properly prepared and the accompanying package of documents will be properly collected.

It is worth noting that each situation is individual, so it is important to understand the available opportunities well in order to use them correctly. For example, we are often asked about the right to deferment if you have 3 minor children. Clients are interested in whether this also applies to situations where the children are from different marriages and the father lives separately with some of them. In fact, these factors are secondary and do not affect the grounds for deferral. Instead, it is critically important that there is no child support arrears for more than 3 months.

Thus, in each situation with grounds for deferral, the circumstances of the case must be carefully studied, and then a strategy of action must be considered. Then the application for a deferment from mobilization will be prepared correctly.

List of documents for obtaining a deferral

In addition to the fact that the application for deferral from mobilization must be properly drafted in accordance with all legal requirements for such a document format, it is necessary to confirm the existence of the grounds for deferral in the manner prescribed by law. Resolution of the Cabinet of Ministers № 560 regulates these issues.

A certain complexity of the legal framework is that the so-called mobilization law № 10449 and the aforementioned Resolution create a legal conflict in some of their provisions. Therefore, it will be much easier to figure out how to act with professional legal support. The required package of documents depends on the grounds for the deferral.

Our team provides the following services in this area:

1. counseling;
2. legal support (for example, it may be not just an application to the TCC for a deferral, but also a physical escort service to minimize the risks of force mobilization);
3. representation in court when it is necessary to defend the violated right.

The grounds for postponement of mobilization change regularly (a good example is the requirements for postgraduate students). However, we keep our finger on the pulse of legal news to help you effectively. To get a consultation on the deferment of mobilization, please fill out the form on the website and our lawyer will contact you shortly.