Why are reserved individuals being mobilized? Learn how to apply for a deferral and why it's important to visit the military enlistment office in person.
During the full-scale invasion, employees of the TCK and SP have repeatedly abused their positions and violated people's rights. People's Deputy and member of the Rada Committee on National Security, Defense and Intelligence, Alexander Fedienko, noted that he has received numerous appeals from Ukrainians and organizations regarding the illegal actions of military enlistment offices.
"I must state that a new trend has emerged — TCK employees are forcibly mobilizing individuals who possess documents confirming their reservation," — said Alexander Fedienko.
According to him, TCK representatives justify this by claiming that these individuals are not listed in the "Oberih" system, and paper documents are not recognized.
Mobilization of Reserved Individuals: Why TCK Does Not Recognize Paper Documents
"Although we have introduced the electronic register "Oberih," which should contain information about reservations, if the document is genuine, it must be duplicated in the "Oberih" system. This can now be done very quickly and easily, as the relevant algorithms have been developed," — said Fedor Venislavsky.
He pointed out that if a person only has a paper document that is not in the "Oberih" system, TCK employees may have doubts about its authenticity. Currently, all reservation information should be in "Oberih," but simultaneously, an individual may possess a paper document.
"In terms of reservations, TCK and SP primarily serve to input information into the database and account for reserved individuals," — said Roman Istomin.
He mentioned that after receiving a reservation document, a person must go to TCK to update the database.
When asked how information about a person's reservation appears in "Reserve+", Istomin noted that TCK is not responsible for the application's functionality; however, it has been stated that information in "Reserve+" is pulled from the "Oberih" database. Therefore, if there is no reservation information in the "Oberih" system, it will not appear in "Reserve+".
The press service of the Ground Forces reported that according to the law, enterprises that carry out reservations for military personnel must arrange for deferrals at TCK and SP where they are located. In contrast, when a reservation is made through the "Diia" portal, the transfer of the individual to a special military account via the Unified State Register of Conscripts, Military Personnel, and Reservists is done automatically.
However, reservations made without using "Diia" do not automatically appear in the register. Therefore, enterprises need to provide TCK with reservation information.
"Without a notification of reservation, TCK and SP have no grounds for entering reservation data into the Unified State Register of Conscripts, Military Personnel, and Reservists," — the statement said.
TCK and SP Exceed Their Authority
"After a person appeals to the court, this mobilization will certainly be recognized as illegal, and TCK will be required to compensate for legal assistance. Unfortunately, as long as they bear no responsibility for their actions, this will continue. They are fully covered by both the National Police and the State Bureau of Investigation, which have demonstrated their complete inability to function," — stated Rostislav Kravets.
He is convinced that TCK representatives' refusal to recognize paper documents regarding reservations is unlawful, as military enlistment officers are violating the law. According to Kravets, TCK has all the authority to verify reservation information if it has been communicated to them. Given that they are not doing this and are still mobilizing citizens with reservations, the lawyer believes they can be held accountable not only for exceeding their authority but also for treason.
"There is a penalty of up to 13 years of imprisonment. Unfortunately, representatives of the SBI are doing nothing to restore order in this area," — explained Rostislav Kravets.
Instead, the lawyer advises military personnel who find themselves in such a situation to refuse mobilization, demand the creation of relevant protocols due to the existence of reservations, and insist that the SBI fulfill its obligations.
Recall that lawyer Alexey Panasenko stated that those reserved from mobilization can travel abroad for work-related purposes. It is crucial that the trip is indeed work-related and not for personal matters.
It was previously reported that an application for reservation can be submitted through "Diia." It takes one day for processing, and the result will be sent to the email and the "Please Note" section.