PECULIARITIES OF CONSIDERING CASES RELATED TO THE EXERCISE OF THE RIGHT TO DEFERMENT FROM MOBILIZATION

Abstract

This scientific article establishes that legal facts are key elements of legal regulation, since they determine the moment of emergence, change or termination of legal relations.

The legal features of establishing legally significant facts that are the basis for citizens to exercise the right to deferment were considered. In particular, an analysis was conducted of such legal grounds as the fact of independent upbringing of a child by one of the parents, deprivation of parental rights, adoption, guardianship of incapacitated persons as circumstances granting the right to exemption from military service.

Special attention was paid to the issue of abuse of the specified legal mechanisms and manipulation of family and legal statuses in order to obtain a deferment. In this context, judicial practice and regulatory regulation of relevant issues were studied, as well as an analysis of the decisions of the Supreme Court on the methods of establishing legal facts in cases related to mobilization and the position of the courts in this category of cases.

The emphasis is on the need to improve the legislative regulation of the mechanisms for establishing legally significant facts to prevent corruption risks and protect the best interests of the child and other vulnerable categories of the population.

The need to ensure effective control over changes in the family status of persons applying for a deferral is indicated, as well as the importance of maintaining a balance between the rights of citizens (private interests) and the interests of the state (public interests).

Possible ways to improve legislative mechanisms are proposed, in particular, strengthening control over the procedures for adoption and establishing guardianship under martial law.