Senior lawyer
Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat
Exclusion from military registration
The procedure for exclusion from military registration is quite complicated, given the bureaucratic and human factors in the work of the TCC. If you need professional legal assistance in this area, it would be appropriate to contact the lawyers of the “Prikhodko & Partners” Law Firm. Our team includes specialists who specialize in military law, so they provide support for such cases on a regular basis and know how to help clients. We suggest that you familiarize yourself in more detail with the specifics of legal regulation of exclusion from military registration.
Grounds for exclusion from military registration
Exclusion from registration is possible in the following cases:
- when a person liable for military service has reached the maximum age for being in the reserve;
- when he has been declared unfit for military service due to health reasons (according to the conclusion of the Military Medical Commission);
- when he has acquired the citizenship of another state;
- when the death of the person has occurred;
- in other cases stipulated by law.
As a rule, legal support in exclusion from military registration is needed when a person has health problems that prevent him from serving in the army. By the way, it is important to understand the difference between the concepts of exclusion from registration, deregistration and deferment. Let’s consider the difference in these legal statuses:
- a person removed from the register loses the status of a conscript and will no longer need to communicate with the TCC;
- deregistration is provided for in cases where a conscript is removed from the register in one TCC and is registered in another TCC – for example, when moving;
- deferment means that the person is exempted from service for a certain period (including, the legislation provides the possibility of extending the deferment).
The difference can be seen using the example of people with different disability groups. If a person has a disability group I or II, he has the right to be excluded from military registration. When it comes to those with a disability group III, in this case only a deferment can be issued. Depending on the disease, the MMC doctors will determine the degree of the person’s fitness for service. Of course, such a conscript will not be sent to a combat unit, but he may, for example, be recognized as fit for service in rear units, logistics, communications or support units, or military educational institutions.
The procedure for deregistration
Exclusion from military registration is carried out by the territorial recruitment and social support center (TCC and JV) on the basis of relevant documents. To do this, you must submit an application and supporting documents (medical certificates, passport of another country, etc.).
If you have illnesses that provide the opportunity to be excluded from the register, it would be advisable to use the support of a lawyer at the MMC. As practice shows, often, according to the conclusions of these commissions, individuals are determined to be “healthier” than they actually are. For example, a person liable for military service who has grounds to be recognized only for service in rear units often becomes fully fit, according to the conclusion of the MMC. And this, in turn, means the risk of ending up in a combat unit without having real physical data for service in such conditions.
Or let’s imagine another situation – a conscript has a serious illness that gives the right to be excluded from the register. Instead, he is recognized as fit for service in the rear units. Although such a person does not directly end up in a combat situation, he is artificially deprived of the opportunity to be exempted from service, even despite the presence of grounds.
This is why it makes sense to go to the MMC with your lawyer, who will help with the following:
- will ensure that all documents certifying your health status are taken into account;
- will monitor whether your rights are respected during the meeting of the MMC commission (if not, the specialist will record violations in order to then use this evidence base in the process of appealing the MMC conclusion);
- will ensure that you are not persuaded to sign documents whose content you do not fully understand.
Therefore, going to the MMC with a military lawyer, you will feel much more confident and can know that you can protect yourself from abuse of authority by representatives of these commissions and recording of a health condition that does not correspond to reality.
Documents required for exclusion from military registration
The main documents are:
- Ukrainian citizen’s passport or international passport;
- military ID or temporary certificate;
- documents confirming the grounds for exclusion (conclusion of the military medical commission, certificate of disability, death certificate, etc.).
The package of documents depends on the basis for exclusion from military registration.
Consequences of exclusion from accounting
After exclusion, the person is no longer subject to mobilization and is not required to register for military service. A corresponding note is made in the military ID or registration documents, which has legal force.
To order a consultation or support from a military lawyer on issues of exclusion from registration, fill out the feedback form on our website. A specialist will call you back. You can also contact our military lawyers on any other issues within this area of law.
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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.
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