Who Can Receive a Deferment from Mobilization in Ukraine?

Mobilization remains a sensitive issue in Ukrainian society. The conditions for postponement of mobilization are regulated by the Cabinet of Ministers Resolution No. 560. The procedure for postponement of mobilization provides for the possibility of extending the postponement without the participation of the CMC and the JV. The journalists of UP.Zhyttia found out who can get a deferment.

Who can get a deferment from conscription

The following persons are not subject to military service during mobilization

• Persons with disabilities of any group and temporarily unfit for service according to the conclusion of the military qualification commission;
• men and women who have three or more children under the age of 18;
• men and women raising a child under the age of 18 on their own;
• guardians, trustees, foster parents, foster parents raising a child with a disability under the age of 18;
• guardians, custodians, foster parents, foster parents raising a child with severe nervous system disorders, severe congenital malformations, oncology, cerebral palsy, severe mental disorders, type I diabetes mellitus, acute kidney disease;
• guardians, trustees, foster parents, foster parents raising a child who has suffered a serious injury, needs an organ transplant, palliative care, if the child is not diagnosed with a disability;
• men and women who support an adult child with a disability of group I or II;
• Adoptive parents, guardians, foster parents, foster parents who support orphans, children deprived of parental care under the age of 18
• those who take care of a sick wife (husband), child, their parents or parents of their wife (husband) who, according to the conclusion of a medical and social expert commission or a medical advisory commission, need constant care and have no other relatives who can take care of them;
• those who have a spouse of a person with a disability or his or her parents or parents of a spouse with a disability group I or II. The condition is that there are no other persons not liable for military service who can support their parents by law;
• those who have a wife (husband) with group III disability, if it arose as a result of cancer, lack of limbs, hands, feet, or one of the paired organs. Or if she (he) has cancer, mental disorder, cerebral palsy or other paralytic syndromes;
• those who take care of a person with a disability of group I or II of the second degree of kinship, if there are no first-degree relatives who can take care of him/her. You can get an exemption for caring for a person with a third-degree disability if they have no second-degree relatives who can provide care;
• guardians of an incapacitated person;
• men and women who have minor child(ren) and a spouse who is performing military service;
• people's deputies
• some civil servants
• some judges;
• diplomatic officers;
• booked employees;
• full-time students of universities, colleges, vocational schools and postgraduate students;
• teachers of universities and colleges, teachers and teachers of vocational schools who work in educational institutions at least 0.75 time, employees of scientific institutions and organizations who have an academic title or degree;
• men and women whose close relatives were killed or went missing during the ATO;
• men and women whose close relatives were killed or went missing during the war with Russia;
• relatives (husband, wife, son, daughter, mother, siblings) of a person who was posthumously awarded the title of Hero of Ukraine;
• persons released from Russian captivity.

How to apply for a deferment from mobilization

If a person liable for military service has grounds for a postponement, he or she must submit an application to the head of the commission of the district or city military registration and enlistment office. You should apply to the recruitment center where you are registered for military service.

The application must be accompanied by documents confirming the right to deferment or certified copies of them. You must also show your military registration document. Both paper and electronic documents are acceptable.

After that, the application must be registered immediately.

For reserved employees, the deferral must be issued by the state authorities, local governments, enterprises, institutions or organizations where they work.

A commission established at the Military Commissariat decides whether a person liable for military service will receive a deferment.

It examines the application and documents, assesses whether the grounds for the deferment are legitimate, and, if necessary, prepares inquiries to the relevant state authorities to confirm the applicant's right to a deferment or uses data from registers.

The Commission must make a decision on the deferral within seven calendar days after the application is submitted. If it sends additional requests to government agencies, the deadline may be extended up to 15 days.

During the period when the commission has already accepted and is considering the application of a person liable for military service, he or she is not entitled to be mobilized.

Upon its decision, the commission draws up a protocol. After that, it calls the man or sends him a letter informing him of the refusal or approval of the postponement.

If the decision is positive, the person liable for military service is issued a certificate with the specified period of postponement.

If a person does not agree with the conclusion, he or she can appeal it in court.

Students, people with disabilities, and parents with many children can apply for a deferment online through Reserve+. To do this, you do not have to upload documents that will confirm the right to deferment. This data is checked through other registers or databases that interact with the Oberig register.

If the grounds for the deferral disappear or its term expires, the deferral will be automatically canceled.

For how long is the deferment granted?

The term of a postponement of a call-up depends on the grounds for it. For example, it becomes invalid when a student graduates. Or when the need to care for a sick relative disappears.

However, in practice, the deferral period expires earlier and cannot be longer than the period of mobilization. That is, the deferment will have to be extended every three months.

Ігор Льов