During the period of martial law, many men liable for military service in Ukraine have the legal right to receive a deferment or reservation. However, the concepts of “deferment” and “reservation” are often used as synonyms, but is this true from a legal point of view or are they two completely different mechanisms? Although both of these instruments give the right to temporary exemption from service, many men are still interested in the question of what better and more reliable protection against mobilization during the period of martial law: deferment or reservation?
The Ministry of Defense of Ukraine on its website provides a clear explanation with an answer to the question of the distinction between these categories in terms of reliability and procedural registration. So, in this article we will analyze the issue in detail, according to the law, what is their legal force and nature, terms of validity and registration procedure and how they differ significantly. We also understand in detail which of them is more reliable and which is faster in formation, which will help you protect your rights and make the right choice when registering documents.
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What is a “deferral” and how is it different from a “reservation”?
Let’s start with a more well-known concept that is used in all cases when exemption from mobilization is in question. Thus, deferment is defined by Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” (hereinafter referred to as the Law) and defines the legal right of a conscript to temporary exemption from conscription in the event of its registration, which is based on his personal circumstances . This is an individual status that arises from social, family, medical or economic factors of a particular person, which includes “Reservation”, namely, paragraph 1 of part 1 of Article 23 of the above-mentioned Law “On Mobilization”. That is, deferment is a general concept that includes “Reservation” as an economic basis for deferment, which has the same legal force on a par with deferment on other grounds, such as the maintenance of 3 or more children or caring for a sick relative.
It is important to note that the deferral period lasts as long as the circumstances that caused it exist. Thus, over 90% of deferrals today are automatically extended without human intervention. The reservation is provided for the period of employment or another period at the employer’s choice and requires resubmission to confirm the reservation annually .
Who can get a deferral (reservation)?
Above we found out that “reservation” is one of the types of “deferrals” provided for by the Law. Therefore, they have equal legal force in exempting from mobilization the men liable for military service who have received them, however, the types of deferrals themselves (which include reservation) also have differences. Namely, the procedure and the category of men who can receive them.
You can obtain a deferral under the law according to the above list of grounds, all grounds for deferral are clearly defined in a single Article 23 of Law No. 3543-XII, the main ones by category are:
- Family circumstances: for example, supporting three or more children.
- Health status: the presence of certain diseases or disabilities.
- Education: full-time education.
- Social factors: caring for sick relatives, etc.
Deferrals from the above categories are provided to all men liable for military service without exception, provided that they have supporting documents submitted to the CCC and the SP at the place of their stay on military registration through the Central Service Center or the Reserve+ application .
Reservation as an economic category of deferment can only be obtained by those categories of men liable for military service who:
- are registered with the CCC and the SP by registration or actual residence;
- have no detected violations of military registration rules, the so-called “red tape” in the Reserve+ application with a “wanted” mark.
To receive a postponement of “reservation”, you first need to check whether you are wanted by the CCC and the SP. You can do this by obtaining an extract of your electronic military registration document (VOD) through Diya (in the documents and extracts section –> military registration document ) or Reserve+.
If the Reserve+ application has a red ribbon on the main screen and a note that “The CCC has contacted the Police to forcibly deliver you for drawing up a Resolution” or the electronic VOD has the note “Wanted”, you will not receive a reservation.
Therefore, before being employed at an enterprise with the right to reserve employees from mobilization, first check your status to see if you qualify for the economic category deferment. The exception, when reservation is provided even with a “wanted list”, is the enterprises of the defense-industrial complex with the right to reserve for 45 days persons with official status in those who are wanted by the CCC and the Joint Venture to resolve all issues related to military registration.
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Main differences: comparison table for convenience
Below we have created a table with a clear distinction between the key differences between regular deferral and economic (by booking) to make it easier for you to navigate in all aspects:
| Characteristic | Postponement | Booking |
|---|---|---|
| Basis | Personal circumstances (family, health, education) | Place of work and position (critical importance of the enterprise) |
| Who initiates? | He is voluntarily conscripted. | Employer in the absence of a “Search” for a military employee and the absence of a free quota |
| Where is it issued? | “Reserve+” or ASC | Through the portal Action by the employer |
| Duration | As long as there is a basis (almost always auto-continuation) | Up to 12 months, then the employer must resubmit again |
To summarize , we can say that deferral is your personal right, which is granted to all those who have submitted the relevant supporting documents, without exception. Deferral “by reservation” acts as a right to exemption from mobilization, provided that you meet certain criteria, are employed at a critical enterprise, have no “reckoning” and the employer’s decision to reserve you as an essential employee.
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