Should you not worry about mobilization if you only have an application for a deferral: explanations from lawyers

The topic of obtaining a deferral from mobilization is of concern to many Ukrainians. What should those who have applied for a deferral but have not yet received an answer do?

A Lviv resident contacted the specialists of the portal “Yuristy.UA” and asked what to do after applying to the Territorial Recruitment Center (TCK). He wrote: “Good afternoon! I applied for a deferral on August 1, and on August 8, I received a request from a lawyer; however, I have not yet received confirmation of the deferral being granted. Can I move freely with a copy of the application and receipts confirming its submission by mail?”.

Lawyer Serhiy Bohun advised not to rush into moving, because the deferral has not yet been legally formalized: “I do not advise you to do this. You do not have a status with a deferral, and the consequences may be unpredictable. Appealing to the actions of the TCK does not stop mobilization, so think about it.”

According to lawyer Yaroslav Turchyn, applying by mail does not provide guarantees against mobilization, as the CCC does not always recognize this practice: “First, the CCC does not officially consider applying by mail admissible, and in many cases, you need to go to court to appeal the inaction. CCC. Secondly, even if you have sent an application, this does not protect you from mobilization, because often information about the wanted person can be added to the system after verification.”

The expert recommended avoiding such situations because no one can guarantee protection against mobilization. However, if you have applied for an extension of the deferral, the problem may be less complicated: “Applications for a deferral and an extension are different documents. The CCC is obliged to accept an application for an extension by mail. From a legal point of view, they must consider it within five days. Follow the status in the Reserve+ system – a new date will be indicated there.”

Until the information about the postponement is reflected in Reserve+, the lawyer recommends avoiding meetings with patrols to reduce the risk of unlawful mobilization.

Previously, it was reported on the limitations of the CCC’s powers, as well as how people can be detained if the data in the “Reserve+” system does not match.