Who is entitled to a deferment from mobilisation in Ukraine

Who is eligible for deferment from mobilisation in Ukraine: full list and explanations

General mobilisation is underway in Ukraine, and the issue of legal grounds for postponement of conscription remains one of the most debated in society. Legislation clearly defines the list of categories of citizens who can receive a deferment, but each of them has its own conditions and requires official confirmation.

Legal framework

The right to deferment from mobilisation is regulated by the Law of Ukraine «On mobilisation preparation and mobilisation». The decision to grant a deferment is made by Territorial recruitment and social support centres (TSCs and SPs) after reviewing the submitted documents.

The deferral is not granted automatically and has temporary nature.

Health status

One of the main grounds for postponement is temporary inability to perform military service for health reasons.

Important nuances:

• The decision is made by military medical commission (MMC);

• the presence of a chronic illness is not always a reason for a delay;

• a deferral may be granted for a specified period of time with a mandatory re-examination.

Family circumstances

The deferral can be granted to persons liable for military service who:

• are raising a child under the age of 18 on their own;

• have dependants three or more minor children;

• Provide permanent care for a person with a disability Group I or II, provided there are no other able-bodied relatives;

• are guardians or carers of persons in need of care.

What's important

The very fact of family ties is not sufficient. It must be documented:

• disability of the person;

• the fact of constant care;

• lack of alternative caregivers.

Education and research activities

They are entitled to a deferral:

• students of higher education institutions full-time students;

• postgraduate and doctoral students;

• research and teaching staff working at their main place of work.

The deferral is valid for the period of study or performance of labour duties and is lost in the event of expulsion or dismissal.

Booking of employees

A separate ground for deferral is reservation of persons liable for military service for companies that are critical to the country's economy:

• defence sector;

• Energy;

• transport;

• the functioning of the state and the economy.

The booking procedure is carried out through central executive authorities and requires approval at the state level.

What does not give the right to deferral

Law does not provide for automatic deferral in cases:

• employment in private business without a reservation;

• volunteering without official status;

• availability of certificates obtained outside the established procedure.

The use of fictitious documents may give rise to criminal liability.

Duties of persons liable for military service

Even if there are legal grounds, a citizen is obliged to do so:

• to appear before the TCC and the JV;

• submit documents in the prescribed manner;

• report any changes in circumstances that affect the deferral.

Ignoring calls or evading duties entails administrative or criminal liability.

Context.

Recently, law enforcement agencies have recorded an increase in the number of checks on the grounds for deferral. The authorities emphasise: deferral is an exception, which applies only in full compliance with the requirements of the law.