Since the mobilization measures are now continuing and becoming tougher, especially taking into account "forced" mobilization, there is a question of postponement of mobilization for citizens with legal grounds, in particular, for those who have a spouse with a disability of group III.
According to the Law of Ukraine "On Mobilization Preparation and Mobilization", various family circumstances of citizens are considered, and we will analyze the legal aspects of granting deferments in such situations, as well as provide practical advice on protecting the rights and interests of citizens.
Legislation on postponement of conscription to military service
The Law of Ukraine "On Mobilization Training and Mobilization" does not establish restrictions regarding the wife's disability group, which means that disability of the III group can be a reason for receiving a deferral. This disproves common myths about the impossibility of obtaining a deferral in such cases. However, changes in the legislation regarding maintenance by other persons require careful study.
According to the Constitution of Ukraine, adult children are obliged to take care of their disabled parents, and according to the Family Code of Ukraine, to support them if they are disabled and in need of financial assistance.
However, in judicial practice there were cases when the court recognized that the TCC and SP cannot unequivocally confirm the absence of able-bodied children of a wife with a disability or even exclude the possibility of having able-bodied children from previous marriages.
Therefore, the wording "do not have other able-bodied persons obliged by law to support them" creates a number of questions that require explanations from specialists. In order to avoid mistakes in postponement and to protect against negative consequences, it is recommended to prepare in advance, collect all the necessary documents, make a statement together with a lawyer and ensure the support of a lawyer in the TCC and JV.
The process of obtaining a deferral
It is important to consider the procedure for obtaining a postponement of mobilization based on the presence of a wife with a disability of the 3rd group. This includes the submission of relevant documents to the TCC and SP, which confirm the status of a person with a disability and a family relationship. Consideration of such applications may take place individually, taking into account the specific circumstances of each case. It is important to note that there is no exhaustive list of documents, and the burden of proof lies with the person applying for a postponement.
Legal opinion
After the consultation, the lawyer provides a legal opinion, which includes an assessment of your situation and recommendations for further actions. This may include filing a lawsuit, preparing complaints, or negotiating with parties. A legal opinion will help you understand the possible solutions to your problem.
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In connection with the strengthening of mobilization measures, including "forced" mobilization, an urgent question arises regarding the postponement of mobilization for citizens with a spouse with a disability of the III group. Under current law, a spouse's disability is not an obstacle to receiving a deferment, which disproves common myths about it. However, the procedure for obtaining a postponement requires a careful approach and the submission of relevant documents to the military commissariats, taking into account the individual circumstances of each case. It is recommended to consult with lawyers to ensure the right approach and protect the rights of citizens' interests in the process of obtaining a deferment. Deferral from the army for the care of a disabled person, deferment from mobilization for the care of parents, deferment from mobilization for the care of a relative, deferment from the army for care, get a deferment from mobilization, issue a deferment from mobilization.
