Ukraine

The Cabinet of Ministers granted the right to postponement to expert officials who analyze regulatory acts in the government, parliament and the President’s Office

Law 3633-IX, aimed at strengthening mobilization, granted special draft deferment rights to civil servants engaged in the examination of normative legal acts and specialists in cyber security and IT technologies in authorities. These categories of employees are equated with persons with disabilities in terms of the right to postponement, i.e. they are reserved without 50% restrictions, unlike other officials.

About this informs Judicial and legal newspaper.

However, the procedure for obtaining a deferral raises questions. According to the resolutions of the Cabinet of Ministers No. 560 and No. 591, “experts” and “Aitivians” must submit a certificate of their position and an extract from the appointment order, certified by the relevant officials. However, it is not clear whether they should do it personally or whether the head of the body should do it for them.

The procedure for conducting the draft determines that reserved employees apply for deferment through their institutions, while non-reserved conscripts submit documents in person. Since “experts” and “Aitivians” are allocated to a separate category, it is not clear to which of these groups they belong and what procedure for obtaining a deferment applies to them.

It is noted that the new law, designed to simplify the reservation procedure for certain categories of workers, actually created legal uncertainty, which may lead to difficulties in implementing this right in practice.

 

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