Postponement of mobilization in the new law

Amendments to the Law of Ukraine "On Mobilization Training and Mobilization" have already entered into force, and accordingly, the grounds for postponing mobilization have changed. If you look at the general plan, then the grounds for the postponement have remained, but additional conditions have been added for their maintenance.

So, for example, previously all full-time students had the right to deferment. Currently, in accordance with Clause 1, Part 3 of Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization" , conscription for military service during mobilization, for a special period, are not subject to: applicants of professional (vocational and technical), professional pre-higher and higher education, who study on a full-time or dual form of education and obtain the level of education, which is higher than the previously obtained level of education in the sequence determined by Part 2 of Art. 10 of the Ministry of Education "On Education", as well as doctoral students and persons enrolled in internships. So you can't apply for a master's degree a second time and take advantage of the deferment, only if, for example, you had a bachelor's degree and now you are studying for a master's degree for the first time, then yes.

Another reason for postponement is the wife's disability. Previously, the mere fact of disability (any group) was sufficient. For groups 1 and 2, everything has remained the same, but for group 3 there are now nuances. According to p . 12 h. 1 st. 23 of the Law of Ukraine "On Mobilization Training and Mobilization" , conscripts who have a wife (husband) from among persons with disabilities of the 3rd group, established as a result of oncological disease, the absence of limbs (limbs), are not subject to conscription for military service during mobilization. hands (hands), feet (feet), one of the paired organs, or if a person with a disability has 3 groups of oncological diseases, mental disorders, cerebral palsy or other paralytic syndromes . That is, in addition to the 3rd group of disabilities, the presence of the above-mentioned factors is required.

As for parents with disabilities of groups 1 and 2. In the old edition, additional conditions were the fact of cohabitation and the absence of other able-bodied relatives, who are obliged to take care of them according to the law. In practice, many people bypassed the point regarding other relatives, simply registering with two with a disabled person at the same address. Now, in accordance with Clause 13 Part 1 of Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization" , conscripts are not subject to conscription for military service during mobilization: those who have one of their parents with a disability of group I or II, with the condition of the absence of other persons who are not conscripted and in accordance with the law are required to maintain them (except for cases where such persons are themselves disabled persons, require constant care, are under arrest (except house arrest), are serving a sentence in the form of restriction or deprivation of liberty). In the absence of non-military conscripts, only one person from among the conscripts may care for a person with a disability of group I or II, at the choice of such a person with a disability . That is, now, if a disabled person of group 1 or 2 has an able-bodied wife, even if she is abroad at all, then his conscripted son does not have the right to deferment, and if he has two conscripted sons, then only one has the right to deferment of them at the father's choice.

I also want to draw your attention to the fact that the law does not establish a clear list of documents that a conscript must provide in order to receive the right to deferment, which is sometimes used by employees of the TCC and SP, refusing to grant a deferment for unclear reasons, therefore, in any case, demand the provision of a motivated refusal to appeal it to higher authorities or a court . In addition, I would like to draw your attention to the fact that the postponement is a "right" , you can either use it or refuse it, therefore, if you have grounds for a postponement and you do not want to mobilize, then you must notify the TCC and SP authorities about this right in advance on the basis of the application and the attached documents . In addition, on our website you can find many other templates, applications to the VLK, Reports.