In the conditions of martial law in Ukraine, mobilization is an important mechanism for ensuring the state's defense capability. However, certain categories of citizens may be deferred from mobilization for various reasons, such as health, family circumstances or reservations. The procedure for obtaining a deferment can be difficult, especially if you do not have the opportunity or you do not want to visit the territorial recruitment and social support center (TCC and SP) in person. In this article, we'll take a look at how to apply for a deferment by mail, as well as what problems can arise during the process.

Step 1: Collection of necessary documents
The first step is to collect all the necessary documents that confirm your right to deferment. Depending on the reason for the postponement, you may need medical certificates confirming your health, documents confirming your marital status, or documents confirming your work in a critical area for the state and your reservation. It is important to ensure that all documents are properly certified and meet the established requirements. The list of documents that confirm the right to receive a deferment is defined by Resolution of the Cabinet of Ministers of Ukraine No. 560.

Step 2: Preparation of the application
The next step is to write an application to the TCC and JV. The application form is approved by the Cabinet of Ministers of Ukraine Resolution No. 560, Appendix 4. In the application, it is necessary to indicate all the reasons for which you are applying for a postponement, as well as to list the attached documents. It is very important to prepare a statement in exactly the form specified in the Resolution, in order to avoid possible problems with the response from the TCC and SP.

Step 3: Sending documents by mail
After preparing all the necessary documents and applications, they can be sent by mail to the address of the relevant TCC and JV. It is recommended to use registered mail with delivery notice to have confirmation of receipt of documents. It is important to keep the shipping receipt and delivery notice, which may be needed in the event of a dispute.

According to clauses 58 and 60 of Order No. 560, conscripts (except reserved ones) who have grounds for receiving a deferment must personally submit an application to the head of the commission of the TCC and SP. The application is subject to mandatory registration. The term "submit in person" does not indicate that the conscript is forced to personally come to the TCC to submit an application. This means that the application must be submitted and signed by the conscript, not by a lawyer, power of attorney, representative, etc.

After that, the commission studies the submitted application and documents, evaluates the grounds for granting a postponement and is obliged to consider the application and documents within seven days from the date of their receipt, but no later than the next day from the date of receiving information on requests to state authorities and after that provides approval or refusal to issue a deferral.

Often TCCs and SPs do not want to accept such applications sent by mail and insist on a personal visit. However, judicial practice confirms that this is not mandatory. According to the decision of the Fifth Administrative Court of Appeal, there is no mandatory personal visit to the TCC and JV to submit an application for postponement. A similar conclusion was made by the Cherkasy District Administrative Court on June 7, 2024, which noted that upon receiving the application of the conscript with the attached documents, the TCC and SP had the obligation to send it to the local executive body with the attached documents to make the appropriate decision.

Thus, submitting an application by mail is a completely legitimate way.

Obtaining a deferment from mobilization through the mail can be a difficult but possible process. By following these steps and using case law to your advantage, you can successfully apply for deferment without personally visiting the TCC and JV. This allows you to ensure your rights even under martial law and ensure the protection of your legitimate interests. If you still need the support of a lawyer in the TCC, our specialists can provide such a service.

If you want to get help in this process, it is better to call "OLSON".