Postponement from mobilization, exemption from mobilization. Booking: grounds and procedure

• Exemption from mobilization
• Postponement from mobilization
• Postponement from mobilization for family reasons
• Deferment from mobilization for health reasons
• Deferment from mobilization for persons booked by enterprises or by the nature of their activities
• Reservation from mobilization
• Who has the right to book employees?
• Booking term from mobilization
• Documents confirming the booking
• Reasons for canceling a booking from mobilization

Of course, from the title of the article you can guess what it will be about. But first, you should briefly understand what deferment from mobilization, exemption from mobilization and booking means. Even after a year of hostilities, some do not fully understand what they mean and what is the difference between them.

Exemption from mobilization. By these words, one should mean the list of citizens of the country enshrined in laws and regulations who, due to age, gender or unsuitability for health reasons, cannot be mobilized. This right is granted on an ongoing basis.

Postponement of mobilization. It gives a temporary right to those liable for military service not to be called up for military service during mobilization. Postponement from mobilization is possible exactly as long as such a right is granted by law and there is a circumstance that provides such an opportunity.

Booking is essentially a type of temporary respite from mobilization for some employees, certain civil servants, public and private enterprises, which in turn are of particular importance for maintaining the life and defense of the state in wartime.

Exemption from mobilization

Having understood the meanings and differences between the terms, let's proceed to a more detailed study of them. Article 17 of the Law of Ukraine "On the Defense of Ukraine" states that male citizens of Ukraine, who are fit for military service due to their health and age, and female citizens, also due to appropriate professional training, must perform military duty in accordance with the law. Therefore, the majority of women do not fall under the mobilization.

According to the Law of Ukraine "On Military Duty and Military Service", persons from 18 to 60 years old can be admitted to military service during a special period, and persons from senior officers up to 65 years old. Accordingly, those who are less or more are not subject to mobilization.

Also, military duty does not apply to foreigners and stateless persons who are in Ukraine. Except in cases of voluntary expression of desire to serve in the armed forces.

Citizens previously sentenced to imprisonment for committing a grave or especially grave crime are removed from military records and are not subject to mobilization.

And finally, invalids and persons who, for health reasons, are recognized by the military medical commission as unfit for military service and are excluded from military registration are not subject to mobilization.

Postponement from mobilization

Legal and financial literacy of the population in many, especially developing countries of the world is at a low level. This can be partly explained by the fact that it is not possible to know everything and the chance to face some kind of problem of a deep legal or financial nature is not guaranteed. And there are always specialists (including us) who can help. After the announcement of general mobilization in Ukraine, many citizens liable for military service did not know how the legal service of the summons was to be carried out, who is not subject to mobilization, and what are the legitimate reasons for receiving a deferment. Some do not know even today. But we'll fix it for you now.

All currently existing deferrals for those liable for military service can be divided into 4 large categories, which relate to:

• • family circumstances of the person liable for military service;
• • state of health;
• • receiving education or conducting pedagogical and scientific activities;
• • persons booked or exempted from mobilization by type of activity.

It should be remembered that in order to receive a deferral, you need to provide supporting documents to the TCKSP (military registration and enlistment office). We will mention them below. The military registration and enlistment office, in turn, is obliged to grant a deferment for a certain time. But do not be surprised if from time to time you may be called there to clarify the data and confirm the rights to deferment.

But if the military registration and enlistment office refuses to defer without legal grounds, then such a refusal can and should be appealed in court.

Postponement from mobilization for family reasons

They have a right:

- women and men who are supporting three or more children under 18 years of age (possible documents that will need to be submitted to the military registration and enlistment office are birth certificates for all three children);

- women and men independently raising a child (children) under the age of 18 (birth certificate of the child, court decision on divorce, death certificate of the mother / father, court decision on deprivation of parental rights, court decision on the recognition of the mother / father as missing missing, etc.);

- women and men, guardians, trustees, foster parents, parent-caregivers raising a child with a disability under the age of 18, a child with serious illnesses (birth certificate of the child, certificate of the medical and social expert commission confirming disability, court decision on the establishment of guardianship /guardianship);

- women and men who support an adult child who is a person with a disability of group I or II (birth certificate of the child, child's passport, certificate of the medical and social expert commission confirming disability, pension certificate of a disabled person);

- adoptive parents, guardians, custodians, adoptive parents, parent-educators who support orphans or children deprived of parental care under the age of 18 (birth certificate of the child, documents confirming the death of parents, relevant court decisions on deprivation of parental the rights of parents, on the recognition of parents as missing, incapacitated, the decision of the state service for children);

- persons engaged in constant care for a sick wife (spouse), a child, as well as their parents or a wife (spouse), who, according to the conclusion of a medical and social expert commission or a medical advisory commission of a healthcare institution, need constant care (birth certificate of a child, certificate on marriage, a certificate from the medical and social expert commission confirming the need permanent care, the conclusion of the medical advisory commission of the healthcare institution);

- having a wife (husband) from among persons with disabilities and / or one of their parents or parents of a wife (husband) from among persons with disabilities of group I or II (birth certificate, marriage certificate, certificate of the medical and social expert commission confirming disability , pension certificate of a disabled person, birth certificate of a wife/husband);

- guardians or those engaged in constant care for a person with a disability (certificate of the medical and social expert commission confirming disability, pension certificate of a disabled person, court decision on the establishment of guardianship / guardianship);

- if someone from a family that has a minor child is already serving (birth certificate of a child, certificate of conscription of a person liable for military service, issued by a military registration and enlistment office or a military unit, for reservists - an extract from an order or a certificate of enrollment in the lists of a military unit issued by the military unit);

- women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather, grandmother or full-blood, half-blood) brother or sister) died or went missing during the anti-terrorist operation (ATO) (documents confirming the relationship, status of a family member of the deceased ATO participant, documents confirming the presence in the area or direct participation of the deceased (deceased) in the anti-terrorist operation and the very fact of death, as well as documents establishing a causal relationship of death (death) with the performance of military service duties (official duties), participation in the anti-terrorist operation);

- women and men whose close relatives died or went missing during martial law, etc. (documents confirming kinship, death certificate, court decision on recognition as missing).

Let's look at one example so that you understand how temporary such delays can be. The man received a deferment due to the presence of three minor children. It will operate until the eldest of them turns 18, and this can happen both in many years and tomorrow. It follows from this that such a delay ceases to operate and the man is subject to mobilization.

Deferment from mobilization for health reasons

The following persons have the right to deferment from mobilization due to health reasons:

- recognized in accordance with the conclusion of the military medical commission temporarily unfit for military service for health reasons for up to six months (with subsequent passage of the military medical commission).

That is why all those liable for military service must pass a military medical commission before being sent to the service.

Deferment from mobilization for persons booked by enterprises or by the nature of their activities

These include:

- workers and employees reserved for the period of mobilization and wartime for state authorities, other state bodies, local governments, as well as for enterprises, institutions and organizations in the manner established by the Cabinet of Ministers of Ukraine;

- employees of the military administration (governing bodies), military units (divisions), enterprises, institutions and organizations of the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the Security Service of Ukraine, the National Police and other government agencies;

- people's deputies of Ukraine;

- recipients of professional (professional - technical), professional pre-higher and higher education, trainee assistants, graduate students and doctoral students who are studying in a full-time or dual form of education;

- scientific and pedagogical workers of higher educational institutions of professional pre-higher education, scientific institutions and organizations that have an academic title and / or academic degree, and pedagogical workers of institutions of vocational (vocational) education, general educational institutions, provided that they work in the relevant institutions at the main place of work for at least 0.75 of the rate.

We have considered most of the reasons why a person liable for military service is entitled to a deferment from mobilization. More details about them are written in Art. 23 of the Law of Ukraine "On mobilization training and mobilization", the Law of Ukraine "On the Defense of Ukraine", the Law of Ukraine "On military duty and military service", Order of the Ministry of Defense of Ukraine No. 402 "On approval of the Regulations on military medical examination in the Armed Forces of Ukraine".

Next, we will dwell separately on the now very popular topic of booking from mobilization, because a large number of enterprises and their employees fall under the booking. Who can make a reservation and which employees can receive it?

Reservation from mobilization

On January 27, 2023, the Resolution of the Cabinet of Ministers of Ukraine No. 76 was adopted, which approved a new procedure for booking persons liable for military service during martial law and criteria for determining enterprises, institutions and organizations that are critical for the functioning of the economy and ensuring the livelihoods of the population in a special period.

Reservation from mobilization is carried out by decision of the Ministry of Economy agreed with the General Staff of the Armed Forces of Ukraine, the latter, in turn, informs the relevant TCCiSP (military registration and enlistment offices) of such decisions within three days.

The number of booked should be 50%, but can be increased if such a need is justified. The 50% limit on the number of booked does not apply to employees of the enterprises of the fuel and energy complex, approved by the Ministry of Energy.

Reservation, regardless of age, military rank and military specialty, is subject to civil servants who hold positions of categories "A" and "B", heads of ministries and their deputies, heads of state bodies and public administration, persons holding positions of 1-4 categories in bodies local government.

Who has the right to book employees?

- state authorities, other state bodies, local self-government bodies;

- enterprises, institutions and organizations that have a mobilization task (contracts for the production of food or logistics of the armed forces) if they need a reservation to complete these tasks;

- firms engaged in the production of goods, the performance of work, the provision of services necessary to meet the needs of the Armed Forces of Ukraine and other military formations;

- enterprises, institutions and organizations that are critical for the functioning of the economy and ensuring the livelihoods of the population in a special period;

- executors of international technical assistance projects, representative offices of international organizations, international and Ukrainian non-governmental organizations implementing humanitarian projects at the expense of international partners, etc

Let's clarify the point above, which concerns critical enterprises. How do you know if yours is one of them? To this end, the CMU has defined eligibility criteria. In order to be considered critically important, 2-3 or more criteria must be met:

- the amount of taxes assessed and paid exceeded EUR 1.5 million during the reporting tax year;

- the amount of receipts in foreign currency exceeded 32 million euros for the reporting tax period;

- the enterprise is classified as strategic according to the list of state-owned objects of strategic importance for the economy and security of the state, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 4, 2015 No. 83;

- the enterprise is important for the sector of the national economy or meeting the needs of the territorial community;

- there is no arrears in the payment of a single contribution for obligatory state social insurance;

- the average salary of employees is not less than the average salary in the region;

- the enterprise is a resident of DIA CITY;

- is related to the fuel and energy complex;

- carries out activities in the field of health protection, education, science, sports, social protection and is in state or communal ownership.

Booking term from mobilization

- for the state authorities and local self-government, booking is possible for the entire period of mobilization;

for enterprises, institutions and organizations up to 6 months.

Documents confirming the booking

The state authority, local government, enterprise, institution and organization shall issue to the person liable for military service an extract from the specified decision on the provision of a reservation in accordance with the approved form. Such an extract, certified by the signature of the head and the seal (if any) of the relevant state authority, local government, enterprise, institution or organization, is a document confirming the granting of a deferment to a person liable for military service.

Reasons for canceling a booking from mobilization

Anyone booked from mobilization should remember that not only the validity of the reservation is limited, but there may be other reasons for the cancellation of such a document and the corresponding right. The list of reasons is given in paragraph 12 of the Resolution of the Cabinet of Ministers No. 76, namely:

- expiration of the booking decision;

- completion of the mobilization task by the enterprise or its cancellation;

- completion by the enterprise of the production of goods, performance of work, provision of services to the Armed Forces of Ukraine or other military formations;

- depriving the organization of the status of a critically important for the functioning of the economy;

- liquidation of a state authority, other state body, local government, company, institution and organization;

- dismissal of a conscript.

So we have considered all the main aspects related to the release, deferrals, booking of those liable for military service from mobilization in Ukraine during martial law. If you have any problems with this, and your legal rights are violated, contact Alibi law firm. We will definitely help you.