“Almost all law firms are now forced to deal with the issue of mobilisation – this is 70% of appeals”: lawyer Olga Tarasun
14 June 2024 16:49
ІНТЕРВ'Ю
Since the beginning of the full-scale invasion of Ukraine, a new legal specialisation has emerged in our country – a lawyer for mobilisation issues. Almost every law firm now provides legal services for military personnel and persons liable for military service, and lawyers are forced to change their specialisation. Since the end of 2023, there have been many more people wishing to use the services of such lawyers, and this is due to changes in mobilisation legislation. On this topic, "Komersant Ukrainian" spoke exclusively with Olga Tarasun, attorney-at-law, partner at the Law Firm “Protection of Law”, who told us how the legal services sector has changed in recent years.
Is there really a demand for lawyers’ services in mobilisation issues now?
As of today, there is indeed a boom in the services of lawyers related to mobilisation. Over the past few months, the number of [such] requests to our law firm in terms of percentage is about 70% of all requests. The number of requests has increased especially due to recent changes in legislation.
What are Ukrainians most interested in?
Most citizens are interested in the grounds for obtaining a deferral: the necessary documents and the registration process. Similarly, there is demand for the issues of passing the military medical examination, obtaining the status of unfit, and questions about diseases that may affect the fitness and ability to perform military service.
Indeed, the number of inquiries about military mobilisation has also increased recently. Citizens ask about concluding a contract with lawyers to protect themselves in case such actions happen to them and they face unlawful actions of the MCC, ask us how calls are served, who has the right to serve them, and how to act if there is a force mobilisation.
Do those who are already serving come to you?
Yes, the number of cases concerning servicemen who are already serving has also increased significantly. The most frequent inquiries are about payments and how to get them in connection with an injury. A huge number of cases and disputes, unfortunately, arise after the death of servicemen at the front, when a dispute arises between relatives over death benefits.
The issue of establishing the status of a combatant and declaring a person missing also remains relevant: when, for example, a soldier actually disappeared during a combat mission, i.e. his body is missing. In this part, a lot of disputes arise due to the fact that in the absence of an established fact of death and destruction, again, his relatives cannot receive any compensation.
Was there as much demand for mobilisation until 2022?
Prior to the full-scale invasion, the issue of mobilisation was not relevant at all, and the greatest demand was, as always, for alimony, divorce, business disputes and tax disputes. The issue of mobilisation and postponements did not arise at all until 2022.
Yes, there were isolated requests for payments exclusively to persons who participated in the ATO, but this was a small percentage of cases.
Who dealt with them?
As a rule, they were handled by highly specialised lawyers, former military personnel, or people who were tangentially connected with the Ministry of Defence. Previously, there was a specialisation of “military lawyer”, but there were a tiny number of cases, and they did not concern deferment at all, but payments related to the ATO or missing persons or the establishment of a combat record. Perhaps, in relation to all the issues that existed in the courts, it was about 5%. Now this number has increased to 60% and even more.
Is it a very large number of requests?
There are so many requests now that almost all law firms are forced to deal with the issue of mobilisation: either by hiring new lawyers in this area or by improving their skills. The demand for this has been in place since 2022, but the greatest demand arose at the end of 2023-2024, when changes to the mobilisation legislation were announced. And, accordingly, now, with stricter actions by the CCC authorities.
Where to get new lawyers?
Many attorneys have changed their profession: those who used to deal with labour or criminal disputes are now focusing on and dealing exclusively with mobilisation issues. Let’s just say that they have actually received the status of a military lawyer. Similarly, in our bar association, lawyers who had previously been involved in other areas now have a narrow specialisation and deal exclusively with military law issues due to the huge demand for this work.
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