Postponement of mobilisation for care: Procedure, Grounds and Legal Aspects

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Publication date: 25.07.2024

Postponement of mobilisation for care: Procedure, Grounds and Legal Aspects

The caregiver's deferral from mobilisation is an important mechanism that allows citizens to be temporarily exempted from military service on the grounds of the need to care for close relatives. Such a deferral is granted in accordance with the current legislation of Ukraine and is important for ensuring a balance between military duties and family obligations. This article discusses the grounds for granting a care deferral, the procedure for obtaining it, legal aspects and obligations of citizens.

Grounds for granting a care deferment

A deferment from mobilisation for care is granted to citizens in cases where their care for close relatives is vital. 

The main grounds for obtaining such a deferment are:

1. Caring for minor children: Citizens who are the sole guardians or carers of minor children may be granted a deferral. This applies if the child needs constant supervision or upbringing due to the absence of another parent, or if other close relatives are unable to perform these duties.
    
2. Caring for sick or disabled relatives: Citizens caring for relatives in need of constant medical care, including seriously ill or elderly persons, are entitled to a deferral. This may include cases where the sick relative is unable to meet their needs on their own or needs help with daily activities.
    
3. Care for pregnant wives: Men who have pregnant wives may also be eligible for a deferral. This can be important in circumstances where the pregnancy is complicated or requires additional support.
    
4. Procedure for obtaining a deferral
    

The procedure for obtaining a care deferral includes several stages:

Submitting an application to the TCC and the SP: A citizen applying for a deferred care must submit an application to the Territorial Centre for Recruitment and Social Support (TCC and SP). The application must specify the grounds for granting the deferral and provide relevant documents confirming these grounds.

Supporting documents: The application must be accompanied by documents confirming the need for care. These may include:

• Birth certificates of children or documents confirming the status of a guardian.
   
• Medical certificates on the health status of sick relatives who need constant care.
   
• Certificates from medical institutions or social services confirming the need for care.
   

Consideration of the application: The TCC and JV reviews the submitted documents and makes a decision on granting a deferral. In case of a positive decision, a document confirming the granting of a deferral for a certain period is issued.

Execution of the deferral: The deferral may be granted for a fixed period of time, depending on the specific circumstances. The citizen must receive a document confirming the deferral and its terms.

Legal aspects and obligations of citizens

The rules for granting a care deferral are regulated by the Law of Ukraine ‘On Mobilisation Preparation and Mobilisation’ and other legal acts. Citizens who have been granted deferred action must comply with all requirements and obligations, including timely notification of the CC and JV of any changes in their circumstances that may affect their status.

Failure to comply with the requirements of the law or to provide false information to obtain deferral may result in legal consequences. This may include administrative fines, deprivation of the right to a future deferment, or even criminal liability in cases of intentional evasion of military service.

Peculiarities of granting a deferment in times of crisis

During periods of national crisis or martial law, the rules for granting a deferment may be changed or tightened. Under conditions of increased mobilisation readiness, state authorities may check the validity of the grounds for granting a deferment and reduce the number of cases in which a deferment is granted. This may include additional document checks, verification of the reality of the stated circumstances and ensuring compliance with national security requirements.

In particular, during times of crisis or martial law, persons applying for deferred care may be advised to increase control over the performance of their caregiving duties or to review the timeframe for deferral.

Appeal rights and legal aid

Citizens have the right to appeal against the decision of the CCP and the SP in case of refusal to grant the deferred action or disagreement with its terms. The appeal can be made by filing an appeal to higher military authorities or by going to court. For a successful appeal, it is important to provide all the necessary documents confirming the grounds for the deferment, as well as to use legal assistance to prepare and represent yourself in court.

Legal advisers or attorneys specialising in military law can assist in the appeal process, preparation of documents and ensuring a fair hearing. This helps to ensure that the rights of citizens are properly protected and ensures that the law is followed in the process of obtaining a deferment.