Commission under TRC will be able to refuse to grant postponement for any reason, - mass media
The Cabinet of Ministers’ resolution does not establish specific grounds for refusing to grant a deferment to a person liable for military service.
According to Censor.NET, this was reported by the Judicial and Legal Newspaper.
Thus, the Commission will have a broad discretion to approve or deny deferral to all applicants, except for those booked by the authorities.
Thus, the Cabinet of Ministers approved the Procedure for Conscription of Citizens for Military Service during Mobilisation by Resolution No. 560.
"It defines the procedure for granting a deferment from military service during mobilisation and its registration. It is this procedure that is currently the only act that specifies the mechanism for deciding whether a person is granted a deferment or not. The law on enhanced mobilisation only refers to this procedure for deferment, without directly answering the question of the grounds for refusing to grant a deferment. "Verification of the grounds for granting conscripts a deferment from military service during mobilisation and its registration is carried out by the Military Commissariat" is all that the law says.
As a rule, legal acts set out, at least in general terms, a list of grounds for a public authority to reject a citizen's application, such as "insufficiency" or "inconsistency" of documents, incorrect execution, etc. However, Resolution No. 560 does not specify 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 the TRC," the publication writes.
Thus, the resolution stipulates that commissions are established to consider the issues of granting deferment to persons liable for military service, which include the head of the TRC and representatives of the staff, structural units (education and science, healthcare, social protection, children's services, administrative service centre) of the district and city state administration (military administration).
The procedure for granting a deferral
If there are grounds for deferment, persons liable for military service (except for those reserved) personally submit to the head of the commission of the district (city) TRC or its department an application in the form, which must be accompanied by documents confirming the right to deferment or copies of such documents certified in accordance with the established procedure, as specified in the list in accordance with the Annex to the resolution.
The Commission examines the received application and supporting documents, assesses the legitimacy of the grounds for granting the deferral, if necessary, prepares requests to the relevant state authorities to obtain information confirming the applicant's right to deferral, or uses information from public electronic registers.
The Commission is obliged to consider the application and documents confirming the right to deferral within seven days from the date of receipt, but no later than the next day from the date of receipt of information on requests to public authorities.
Based on the review of the documents received, the commission shall decide to grant or refuse to grant an extension. The commission's decision shall be recorded in a protocol. The decision taken by the commission shall be communicated to the applicant by telephone, electronic communication or mail no later than the day following the adoption of such decision.
In case of a positive decision, a person liable for military service is provided with a certificate indicating the period of deferment in the form specified in Annex 6.
In case of refusal to grant a deferment, the person liable for military service is notified in writing with the reasons for the refusal in the form specified in Annex 7. The Annex states that the commission must specify the reasons for the refusal, but again, judging by the Cabinet of Ministers' resolution, it can specify these reasons at its discretion. Such a decision may be appealed in court.
If the commission decides to refuse to grant a postponement, the person liable for military service is sent for a medical examination to determine his or her fitness for military service.
In case of loss (change) of the grounds for granting a deferment, the commission may cancel (change) its earlier decision, which shall be communicated to the applicant in writing no later than the day following the adoption of such a decision in the form specified in Annex 10.
Thus, the author notes, there is no specification of the list of grounds for refusal to grant an extension in Resolution 560.
"It raises the question of how the court, which is supposed to assess the legality of the decision made by the commission in case of a person's appeal, will determine whether the decision of the commission at the TRC was legal, i.e. whether it complied with the law on mobilisation and Resolution 560.
The problem will not apply only to officials who are subject to booking. Thus, Resolution 560 provides that the Commission does not consider the issue of granting deferrals to those booked by state authorities, other state bodies, local self-government bodies, as well as enterprises, institutions and organisations," the Judicial and Legal Newspaper added.
