Government Resolution No. 560, which regulates the issue of deferment from military service, caused numerous discussions and criticism due to the lack of specific grounds for refusal. This creates an opportunity for commissions at territorial collection centers (TCC) to refuse applicants for any reason, which can lead to numerous abuses and legal conflicts.
The Commission under the TCC will have extremely wide discretion in the matter of approving or denying the grant of a deferment to anyone who makes such an application, except those reserved for the authorities.
Thus, the Government, by Resolution No. 560 of May 16, approved the Procedure for conscripting citizens into military service during mobilization. It defines the procedure for granting deferment from conscription for military service during mobilization and its registration. This procedure is currently the only act that specifies the mechanism for deciding whether a person is granted a deferral or not. After all, the law on the strengthening of mobilization only refers to this order of conscription in the matter of postponement, without giving a direct answer to the question of the grounds for refusing to grant a postponement. "Checking the grounds for granting conscripts a deferment from conscription for military service during mobilization and its registration is carried out by the TCC" - that's all that is said in the law.
As a rule, normative legal acts establish, at least in general terms, a list of reasons for the refusal of a citizen's application by a government body, such as "insufficiency" or "inconsistency" of documents, incorrect registration, etc. But Resolution No. 560 does not list any grounds for refusal at all. At the same time, the law on administrative procedure, which establishes the principles of reasonableness, rule of law, transparency, etc., does not apply to TCCs.
Thus, Resolution 560 only establishes that commissions with the following composition are formed at district (city) TCCs to consider issues of deferment to conscripts:
- the chairman of the commission is the head of the district (city) TCC (separate department);
- members of the commission are representatives of the apparatus, structural units (education and science, health care, social protection of the population, children's affairs service, center for providing administrative services) of the district, city state administration (military administration).
If there are reasons for receiving a deferment, conscripts (except for reserved ones) personally submit to the head of the commission of the district (city) TCC or its department an application in the form to which are attached documents confirming the right to deferment, or copies of such documents, certified in the established order, specified in the list according to the appendix to the resolution.
The commission examines the received application and supporting documents, assesses the legality of the grounds for granting a postponement, if necessary, prepares requests to the relevant state authorities to obtain information confirming the applicant's right to a postponement, or uses information from public electronic registers.
The commission is obliged to consider the received application and documents confirming the right to postponement within seven days from the date of receipt, but no later than within the next day from the date of receiving information on requests to state authorities.
On the basis of consideration of the received documents, the commission makes a decision on granting or refusing to grant a postponement. The commission's decision is formalized in a protocol.
The decision taken by the commission is notified to the applicant by means of telephone, electronic communication or mail no later than the next day after the adoption of such a decision.
In the case of a positive decision, the conscript is provided with a certificate indicating the period of deferment in the form specified in Appendix 6.
In the case of refusal to grant a deferment, the conscript is notified in writing indicating the reasons for the refusal in the form specified in Appendix 7. The Appendix states that the commission must indicate the reasons for the refusal, but, again, these reasons, judging by the Cabinet of Ministers' resolution, it can indicate at your discretion.
Such a decision can be challenged in court.
In the case of a decision by the commission to refuse to grant a deferment, the conscript is sent for a medical examination to determine fitness for military service.
In case of loss (change) of the grounds for granting a deferment to conscripts, the commission may cancel (change) the previously adopted decision, which shall be notified to the applicant in writing no later than the next day after the adoption of such a decision using the form specified in Appendix 10.
Therefore, Resolution 560 does not contain any specification regarding the list of reasons for refusing to grant a postponement, which raises the question of how the court, which has to assess the legality of the decision made by the commission in the case of an appeal by a person, will determine whether the decision of the commission at the TCC was legal, that is, whether it complied with the law on mobilization and Resolution 560.
The problem will not only concern officials who are subject to reservation. Thus, Resolution 560 stipulates that the commission does not consider the issue of granting deferments to persons booked by state authorities, other state bodies, local self-government bodies, as well as by enterprises, institutions and organizations.
We will remind you that the Cabinet of Ministers established by resolution 560 additional conditions for receiving a deferment for conscripts who provide care (permanent care).
At the same time, as the people's deputies point out, in certain parts the resolution of the Cabinet of Ministers does not comply with the law on mobilization.
