Can a conscripted person complain to the military ombudsman about mobilization, medical commission, or deferment
Almost every fifth complaint received by the Office of the Military Ombudsman is submitted by conscripted persons and concerns issues of mobilization, undergoing the military medical commission, granting deferment, or removal from military registration. However, such appeals mostly do not fall within the competence of the institution.
What complaints does the Office of the Military Ombudsman consider
The Office of the Military Ombudsman reminded that the authority of the agency extends exclusively to the protection of the rights of servicemen in matters related to military service.
A separate mechanism for protecting the rights of military personnel was created considering that military service involves certain restrictions on the exercise of rights and freedoms. That is why the Office's activities are aimed at responding to possible violations of the rights of persons who are already serving in the military.
Why appeals regarding mobilization and the medical commission are not within the Office's competence
Conscripted persons have the status of civilians until they undergo training gatherings. Accordingly, they can protect their rights through general civil mechanisms, including by appealing to human rights institutions, law enforcement agencies, or the court.
The Office explained that its competence begins after a person is enlisted in the Armed Forces and continues until demobilization.
How many complaints does the Office of the Military Ombudsman receive
According to the institution, each employee of the Office of the Military Ombudsman simultaneously processes an average of about 50 appeals.
A significant number of non-core complaints creates additional workload for employees and distracts resources from considering appeals of servicemen who need protection of their rights during service.
When conscripted persons can appeal to the military ombudsman
At the same time, there is an exception. If a conscripted person is undergoing training gatherings, the Law of Ukraine "On the Military Ombudsman" applies to them. In this case, the Office has the right to consider their complaints and appeals.
Thus, appeals regarding mobilization, deferment, undergoing the medical commission, or military registration from persons who have not yet acquired the status of servicemen mostly do not fall within the powers of the Office of the Military Ombudsman.
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