General mobilization has been declared in Ukraine and martial law continues. During this period, men liable for military service who receive summons are subject to mobilization. But some are entitled to a deferment. Lawyer Roman Kichko, in an interview with Ukrainian Radio, told what to do for a person liable for military service who has the right to a deferment, but was denied it.
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Kichki explained that in this case, contacting a lawyer can help.
“If we understand after analyzing the documents that there are grounds for a postponement, but there is a corresponding refusal, then I always advise appealing the refusal in court. Why? Because in my practice, I have actually seen very absurd refusals, when a person had 100% the right to a deferment, but in general, for unknown reasons, he was denied. And when we went to court, the court sided with the person liable for military service, accordingly canceled this refusal and obliged the TCC to issue a deferment,” he said.
According to the expert, the court has the right not only to cancel the refusal, but also to oblige this delay to be granted. So, in some cases you can try to write additional explanations to the application for deferment.
" ), he was refused, but we understand that the very norm for this deferment can be interpreted in two ways. For example, there is still confusion in documents regarding families with many children. But we write additional explanations and, indeed, in practice, deferments were then issued to those liable for military service, simply with these additional explanations,” the lawyer noted.
Kichko added that there are fewer and fewer situations when some kind of explanation or a lawyer’s request or resubmission of documents helps.
“Unfortunately, the pattern is this: if a person is refused once, then when he submits the same documents again, there will be a refusal again and then he definitely needs to go to court,” he concluded.
Let us remind you whether a man who has a deferment as a scientific and pedagogical worker can travel abroad to accompany his wife, who has a hip prosthesis and encephalopathy.