The right to deferment from the call during mobilization.

What is mobilization?

This issue is regulated by the Law of Ukraine “On Mobilization Training and Mobilization”. This Law establishes the legal bases of mobilization training and mobilization in Ukraine, defines the principles of organizing this work, the powers of state authorities, other state bodies, local self-government bodies, as well as the duties of enterprises, institutions and organizations regardless of the form of ownership (hereinafter — enterprises, institutions and organizations), powers and responsibility of officials and obligations of citizens for the implementation of mobilization measures Mobilization is a set of measures carried out for the purpose of systematic transfer of the national economy, activities of state authorities, other state bodies, local self-government bodies, enterprises, institutions and organizations for functioning in a special period, and the Armed Forces of Ukraine, other military formations, the Operational Rescue Service of Civil Protection — on the organization and states of wartime.

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Who has the right to deferment from mobilization?

Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” contains a clear list of persons who are not subject to conscription during mobilization:

• Employees who are booked by state bodies by enterprises, institutions, organizations
• Persons with disabilities
• Persons deemed temporarily unfit for military service due to health reasons (up to 6 months)
• Women and men dependent on three or more children under the age of 18
• Persons who independently raise a child under the age of 18
• Persons raising a child with a disability or a seriously ill child who has not been diagnosed with a disability
• Persons who are engaged in constant care of a sick wife, child, parents (their own or one of the spouses)
• Persons who are dependent on an adult child with a disability of group I or II
• Persons who are dependent on orphans or children deprived of parental care
• Persons who have a spouse (husband) or parents (their own or one of the spouses) with I or II disability group
• Guardians of incapacitated persons
• Persons who have a minor child if one of the spouses is serving military service
• Employees of the military administration and law enforcement agencies
• Undergraduates, postgraduates, doctoral students studying full-time or dual
• Scientific and scientific and pedagogical workers who work at their main place of work for not less than 0,75 rates
• Persons whose close relatives died or went missing during participation in ATO (servicemen, volunteers, etc.).

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How to exercise your right to deferment during mobilization?

To get a deferment from the call during mobilization if there are grounds for this, you need to submit an application for deferment and attach documents to it confirming that you are not really subject to the call. Such an application must be submitted to the territorial center of recruitment and social support (military registration office) at the place of military registration or conscription. You can apply for a deferment when you receive a summons or when you need to get a mark in military registration documents for traveling abroad.

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The second step is to add to the application the necessary list of documents to confirm the fact that there is a reason for postponement. That is, it can be: medical certificates, the conclusion of the MSEC, a birth certificate of a child or medical documents confirming the state of health of relatives.

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The third step — the application will be registered in the journal of incoming correspondence of the territorial center of staffing and social support. The fourth step will be the consideration of the application by the commission of the TCC and JV on granting a deferral.

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The last step is to get an extract from the protocol book. The extract indicates the data of the person who submitted the application and the applicant for the postponement, the date of birth, the very basis of the postponement, the number and date of the minutes of the commission meeting and the signatures of the commission members.

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It is worth remembering that it is possible to get a deferment from conscription on the basis of Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” only until the moment of acquiring the status of a serviceman. After enlistment in the military unit, you will not be able to apply for a deferment, even if you have grounds for this.