Why do I have to go through the VLK if I have the right to postpone mobilization?
Resolution No. 560 settled this issue. Now let's take a look at exactly how it works.
- The right to postponement of mobilization. If you have the right to a deferral (for example, you have adopted a child or are raising it yourself, or other circumstances), then you can apply to the RTCC with an application for a deferral.
- Refusal to accept an application for postponement of mobilization. If you are not on military registration at the RTCC to which you are applying, or you have a prescription or the review period has passed, then they cannot consider your application. In this case, you need to register with the RTCC at the place of registration of your place of residence or update your data, and only then submit an application for a postponement. At the same time, it should be understood that in order to be registered with the RTCC and to update data, it is necessary to pass a medical examination (VLK) to determine suitability for military service.
- Procedure. Postponement of mobilization. Now it is important to have with you documents that confirm your right to deferment, or medical documents that confirm that you have a disease. Depending on your situation, the package of documents will differ. If you have the right to deferment, then before the start of the VLK, you must inform the employees of the RTCC about this. The list of grounds for postponement is contained in Article 23 of the Law of Ukraine "About mobilization training and mobilization» and Appendix 5 to the "Procedure for conscription of citizens for military service during mobilization, for a special period", approved by Resolution of the CMU No. 560 dated May 16, 2024.
- Remark. Unfortunately, some RTCC act based on inertia, and still serve summonses to the VLK even to those who have all the data and documents up to date. We advise you to emphasize your right to a postponement and accept an application for a postponement in accordance with Appendix 4 to Resolution of the CMU No. 560. And in case of ignoring your grounds for postponement, not providing an answer to the application within 7 days, writing complaints and not fulfilling illegal demands.
- A constitutional right. Remember that Article 19 of the Constitution of Ukraine guarantees that state authorities must act only on the basis of the law. So, if you are eligible for a deferral, you can claim it.
At the same time, it should be remembered that with regard to military duty, citizens of Ukraine are divided into the following categories:
conscripts - persons subject to military registration;
conscripts - persons registered for military service;
military personnel - persons undergoing military service;
conscripts - persons who are in reserve for manning the Armed Forces of Ukraine and other military formations for a special period, as well as for the performance of work to ensure the defense of the state;
reservists - persons who serve in the military reserve of the Armed Forces of Ukraine, other military formations and are assigned to their staffing in peacetime and in a special period.
Therefore, as mentioned above, in order to receive a deferment, you must receive status military service, and only after that, if you have the right to deferment, you should provide documents confirming this right.
Postponement from mobilization, rights and obligations
Provision of postponement of mobilization is the duty and responsibility of the TCC. If you do not provide documents that confirm your right to deferment, or if you do not notify the TCC about it, then, of course, you will not be granted a deferment.
The commission does not have the right to reject your application for postponement on formal grounds, as there are two arguments on this topic.
FIRST. The rule on issuing a deferment is mandatory, that is, one that must be implemented by state bodies without exception.
SECOND. The law requires the TCC to verify the right to postponement. This is established by Part 7 of Art. 23 of the Law "On Mobilization and Mobilization Training", where it is stated that the verification of the grounds for granting conscripts a deferment from conscription for military service during mobilization and its registration is carried out by the TCC.
But it is important to remember that this applies only when you have informed the TCC about the existence of such grounds. Otherwise, these rules do not apply to you. And although the law directly requires the TCC to check the existence of grounds, we still advise you to correctly fill out the application and attach the documents provided for in Appendix No. 5 to Resolution No. 560 dated 05/16/2024.
Therefore, it may happen that in the absence of any document, which for some reason is missing from other state registers, you will be refused a deferral and sent to the VLK.
