According to the law on mobilization No. 3633 adopted in May, some Ukrainians lose the right to a deferment. As of August 1, there were no changes regarding receiving a deferment from mobilization — that is, no legal amendments were made to the law on mobilization.
ICTV Facts asked Anton Revenko, a member of the Ukrainian Bar Association, a practicing lawyer in the field of military law and mobilization, who has the right to a deferment from mobilization, and who risks losing it.
Mobilization from August 1: who will not have the right to a deferment
So, they will not have the right to a deferment from mobilization:
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- undergraduate and graduate students who study part-time or evening;
- undergraduate and graduate students who receive a second or third higher education (if the level of education is the same or lower than previously received);
- husbands with many children who have alimony arrears (the amount of arrears must exceed the amount of payments for three months, but in case of repayment, a deferment can be issued);
- persons caring for a wife/husband with a group III disability, if it is not established due to cancer, absence of limbs (limbs), hands (hands), feet (feet), one of the paired organs, mental disorder , cerebral palsy or other paralytic syndromes;
- some men who care for persons with disabilities of groups I and II (if there are other non-military able-bodied family members who can provide care);
- persons with the status of Limited Fit (this category has now been abolished), if the IHC recognizes the man as fit;
- half-brothers of soldiers killed in the war (only relatives have the right to a deferment from mobilization);
- men who were found healthy during a repeat medical examination.
According to the lawyer, men will lose the right to a deferment from mobilization if the institution or enterprise where they work has completed and has not renewed their reservation.
— If a citizen had a reservation from an enterprise, but quit, then the management of the institution submits documents to the TCC about dismissal, and the reservation in this case is canceled, notes Anton Revenko.
Who will not have the right to deferment
According to the lawyer, the existing deferment from mobilization may be lost by those whose validity period has expired and they have not renewed it.
The deferment can be lost if the enterprise completes the mobilization order.
— This means that the enterprise was recognized as critically important because it was fulfilling a certain mobilization order. After everything has been delivered and completed under the contract, the body that recognized the enterprise as critically important must cancel this status, explains lawyer Anton Revenko.
The deferment can be lost after the enterprise completes the work and provides services to meet the needs of the Armed Forces of Ukraine. For example, such an enterprise carried out and completed training of unmanned systems operators or produced or purchased goods necessary for the Armed Forces of Ukraine.
It is also possible to lose a deferment from mobilization:
- in the event of deprivation of the enterprise or institution of the status of being critically important for the functioning of the economy or meeting the needs of the population (in the case of reservation);
- liquidation of an authority or enterprise, institution (in the case of reservation);
- dismissal of a conscript from an authority or enterprise, institution and organization (in the case of reservation).
The military registration documents of men who have a deferment from conscription or have been excluded from military registration for health reasons must contain information on receiving such a deferment or exclusion from military registrationor a certificate in the form, specified in Appendix 6 of the Procedure for Conscripting Citizens for Military Service during mobilization for a special period, approved by the Cabinet of Ministers Resolution of May 16, 2024, No. 560.
Mobilization from August 1: data update
The deadline for military personnel to update their data expired on July 16. Those who have not done so face a fine of UAH 17,000 to UAH 25,500.
However, it is still possible to update your registration data — to do this, you need to come to the TCC or do this in the electronic account of the conscript, military personnel and reservist Reserve+. Since July 17, the CPSCs do not provide this service.
Summonses by mail in August
From July 17, 2024, TCS will be able to send summonses by registered mail with a list of attachments and a delivery notification, according to Cabinet of Ministers Resolution No. 560 of May 16.
Summonses will be sent to the addresses specified when updating military registration data.
Recall that the Verkhovna Rada extended martial law and general mobilization until November 9, 2024 year.
