Can individual entrepreneurs receive a deferment from mobilization: clarification from lawyers

General mobilization is underway in Ukraine due to the full-scale invasion of the Russian Federation. Despite this, the question of the possibility of a deferral for individual entrepreneurs (IEPs) remains relevant for many. Lawyers have explained in which cases entrepreneurs can avoid conscription.

This is reported by INSEININ ,

Lawyers explained that the status of an individual entrepreneur in itself does not give the right to a deferment from mobilization, but in certain cases, entrepreneurs can receive a reservation or exemption from service.

Under current law, sole proprietors do not automatically have the right to a deferral simply because they are running a business. However, such an opportunity arises if their activity is recognized as critical to the economy or the provision of the population. In such a case, it is possible to obtain a reservation, which effectively means a deferral.

To exercise this right, an enterprise must meet the criteria approved by the Cabinet of Ministers. To do this, it is necessary to apply to the Ministry of Economy or local authorities with the appropriate package of documents. Among them:

• contracts with state or municipal enterprises;
• confirmation of a significant tax contribution;
• certificates on the number of jobs created.

In case of a positive decision, the individual entrepreneur is included in the list of persons subject to reservation. In addition, there are other legal grounds for postponement. These include:

• health problems confirmed by the conclusion of a military medical commission;
• having three or more minor children;
• status of a single parent or guardian of a child with a disability;
• employment in the scientific or educational field;
• work in strategically important government institutions.

Lawyers emphasize that the procedure for obtaining a deferral is quite complicated. It requires careful preparation of documents and official consideration of the application by the relevant authorities.

As you know, martial law and general mobilization have been extended in Ukraine. This means that men from 25 to 60 years old can be drafted into the army. At the same time, the law provides for exceptions – there are categories that receive a deferral or are not subject to mobilization at all .

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