In Ukraine, general mobilization continues due to the full-scale invasion of the Russian Federation. Some categories of persons liable for military service have the right to deferment from conscription on legal grounds.
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Lawyer Rostislav Kravets on his YouTube channel explained what to do if the employees of the military registration and enlistment office ignore the legal grounds for deferring from mobilization. He recalled that such grounds are indicated in Article 23 of the Law of Ukraine “On mobilization preparation and mobilization”,
“If you are ready to defend your rights, you can prepare notarized documents confirming the right to deferment and contact lawyers. They will send appropriate requests for permission to defer mobilization. The TCC is normal about this and when they see lawyers, they give the appropriate consent without any problems. They can only ask for additional documents that need to be provided,” he explained.
The lawyer also spoke about another way. If there is a right to a delay, but the person does not want to go to the military enlistment office, then he can send all supporting documents by letter.
“If the TCC does not accept documents and the letter is refused, do not react. Add additional documents, explain that the actions of the TCC are illegal, but you should not go to court. This is a very long process and filing a lawsuit in no way stops the mobilization. If the TCC themselves drew up an administrative protocol and filed a lawsuit against you, don’t be nervous. It will be much easier for you to appeal it than to go to court first,” he concluded.
The procedure for military registration in Ukraine is regulated by Decree No. 1487 adopted by the Cabinet of Ministers. Companies that hire workers without military records or otherwise violate its rules can be fined. Recall whether they can force the unfit for service to appear at the military registration and enlistment office.
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