Do lawyers have the right to a deferment from mobilisation in 2026

Do lawyers have the right to a deferment from mobilisation in 2026
Do lawyers have the right to a deferment from mobilisation in 2026

During the period of martial law in Ukraine, the issue of conscription for military service remains a pressing concern for representatives of various professions. In particular, there is a widespread belief among lawyers and attorneys that they enjoy special privileges. However, as experts note, the mere fact of engaging in legal practice does not guarantee automatic exemption from mobilisation.

Lawyer status is not grounds for exemption

Vasyl Harashchak, an attorney and partner at the "Donets and Partners" law firm, explained in a comment to "Facts ICTV" that professional status does not confer an automatic right to a deferment. According to him, lawyers are subject to conscription on the same grounds as other liable citizens.

Having a lawyer's licence, maintaining a private practice, or working as part of a law firm association in themselves do not constitute grounds for obtaining a deferment or job reservation.

«Будь-яких привілеїв у процесі мобілізації, як-от бронювання чи відстрочка, у осіб, які мають статус адвоката, немає. Тільки відстрочки чи бронювання на загальних засадах» (There are no privileges in the mobilisation process, such as job reservation or deferment, for individuals with the status of a lawyer. Only deferments or job reservations on general grounds), Vasyl Harashchak emphasised.

Conditions for obtaining a deferment

The right to a deferment from conscription is defined by Article 23 of the Law of Ukraine "On Mobilisation Preparation and Mobilisation". In accordance with this regulatory act, liable citizens who meet specific criteria established by law may receive a deferment.

Such grounds include, in particular, certain family circumstances, health status, the need to provide constant care for close relatives, or other situations explicitly provided for by legislation. Therefore, a lawyer may be exempted from conscription only if these legal grounds are present, regardless of their professional affiliation. Legal practice itself is not included in the list of grounds that automatically exempt individuals from mobilisation.

Procedure for reserving employees

The issue of reserving liable citizens is regulated, among other things, by Resolution No. 76 of the Cabinet of Ministers of Ukraine. This document establishes the procedure for reserving employees of state bodies, enterprises, institutions, and organisations that meet defined requirements. Specifically, it refers to entities that are critical to the economy, the livelihood of the population, or the provision of defence needs.

A lawyer working in an institution or organisation that has the authority to reserve employees may claim this opportunity provided all established criteria are met. However, maintaining a private legal practice in itself does not create a right to job reservation. For decision-making, the key factors are the employer's status, the nature of the employment relationship, and compliance with the requirements established by law.

Issuance of summonses and general rules

Since legal professionals are on general military registration, they may receive summonses for updating registration data and undergoing a military medical commission. Possession of a professional licence is not grounds for refusing to comply with legal requirements regarding military registration.

If a lawyer does not have a formalised deferment, job reservation, or other grounds provided by law that preclude conscription, they may be mobilised. Each specific case is considered taking into account the individual's military registration status, health condition, and other circumstances.

Thus, lawyers and legal professionals do not belong to the categories of citizens who are automatically exempted from mobilisation. The right to a deferment or job reservation is determined not by the fact of engaging in legal practice, but by the presence of grounds established by legislation.

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