What to Know About Cancellation of Defense Deferments in Ukraine: Legal Aspects and Risks of Abuse
Amid ongoing general mobilization and the declaration of martial law in Ukraine, the issue of deferments from conscription has become particularly urgent.
Since November 1, new rules for issuing such deferments have come into effect, raising questions about their legality and potential abuse.
According to experienced lawyer Danylo Trysov, the cancellation of a deferment is lawful only under certain circumstances.
For instance, if the reasons for postponement cease to exist and the reservist fails to report these changes to the military enlistment office (TCC), then cancellation is justified.
However, in practice, cases of abuse by officials of military recruitment centers are frequent.
These include repeated cancellations of deferments or unjustified status changes, which violate the rights of the individuals involved.
Such actions are considered abuse of power and may entail criminal liability.
If illegal actions are observed, individuals are advised to promptly contact the State Bureau of Investigation to hold offenders accountable.
Sometimes, a deferment is officially granted but not recorded in the Unified Register of Conscripts, Reservists, and Reserve Officers (EDRPVR), due to negligence or deliberate omission by TCC staff.
This exposes individuals with legitimate deferments to the risk of unlawful mobilization.
It is crucial to emphasize that responsibility for recording deferments lies with the military enlistment offices, not the individuals themselves.
When facing illegal actions or procedural violations, applicants should seek legal assistance and challenge decisions in court.
Knowledge of legal rights is essential to protect oneself from abuse and unlawful decisions during wartime.