DEFERRAL FOR ADULT CHILDREN WITH DISABILITY GROUP 1 OR 2

DELAY FOR THE PRESENCE OF AN ADULT CHILD WITH GROUP 1 or 2 DISABILITY - LEGAL ASSISTANCE

Recruitment and Social Support Centers (TCC) carry out verification of the grounds for deferment of conscription for military service during mobilization, in accordance with Article 23 of the Law "On Mobilization Training and Mobilization" (hereinafter the Law), and prepare the necessary documents for the conscript.

Deferral from mobilization can be issued using the register of conscripts, conscripts and reservists "Oberig", based on data from other state registers or databases, which confirm the right of a conscript to deferment according to with the law The procedure for issuing a deferral through the "Oberig" registry is determined by the Cabinet of Ministers of Ukraine.

Legal framework

According to Clause 7 of Part 1 of Article 23 of the Law, women and men who have an adult child with a disability of group I or II cannot be called up for military service during mobilization.

Process of obtaining deferment from mobilization to care for a relative

An application for deferment from mobilization to care for a sick person should be submitted to the TCC and SP in paper or electronic format, if this option is provided in the conscript's electronic account.

A number of documents must be submitted with the application (if available):

• Written statement of the person who needs care, indicating his identification code and confirmation of the absence of other persons who are not conscripted, but are legally obliged to support the applicant.
• Documents confirming family ties.
• Certificate of a disabled person who needs care.
• Conclusions of MSEK or LKK.
• Act establishing the fact of providing care.
• Other documents that can confirm the need for constant care and are specified in the rules for granting deferment from mobilization.

Documents required for deferment

To confirm the child's disability, you must provide:

• Reference to the inspection report issued by the medical and social expert commission, in the form determined by the Ministry of Health, or a certificate confirming the relevant status;
• Pension certificate or a document confirming the appointment of social assistance in accordance with the laws of Ukraine "On state social assistance to persons with disabilities from childhood and children with disabilities" and "On state social assistance to persons who do not have pension rights, and persons with disabilities", containing information about the group and the cause of disability;
• Certificate for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance, in the form approved by the Ministry of Social Policy.

To confirm family ties, it is necessary to provide:

A child's birth certificate, which indicates the paternity of the conscript.

Thus, the presence of all the necessary documents will be the basis for obtaining a postponement!

A key aspect in the question of obtaining a deferral

Unlike Clause 5, Part 1, Art. 23 of the Law, we are talking about a child who has reached the age of 18 and has a disability of the I or II group. It is important that the child is kept by the parent who wishes to exercise the right to postponement.

So, the adult child must be unmarried (unmarried) and not working.

The stepfather cannot take advantage of this opportunity if he has not registered the adoption, even if he supports an adult stepson with a disability. Also, a parent of an adult child with a disability of group III or a father who, although he has an adult child with a disability of group I or II, but does not provide for his maintenance, cannot apply for a deferment.

Consultation of a lawyer on military law: Postponement in the presence of an adult child with a 1st or 2nd group of disabilities

Deferral from mobilization is granted to conscripts who have an adult child with a disability of group I or II, in accordance with Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization". In order to receive a deferment, it is necessary to submit an application to the recruitment and social support center (TCC and SP) in paper or electronic form together with documents confirming the child's disability (certificate of the medical and social expert commission or pension certificate), birth certificate and acts certifying the fact of maintaining a child. It is important that the adult child be unmarried and not working, and the parent who wishes to receive the deferment must actually support him; a stepparent is not eligible for this deferral without adoption. It is recommended to contact a lawyer for advice and assistance in preparing documents.

Legal services for the protection of conscripts in Kyiv

Legal services for the protection of conscripts in Kyiv include a wide range of consultations and legal assistance aimed at ensuring the rights and legitimate interests of persons called up for military service. Specialists in military law provide assistance in matters of obtaining deferment from mobilization, preparation and execution of necessary documents, as well as representation of the interests of conscripts in courts and state institutions. In addition, lawyers help in resolving disputes arising in connection with conscription, as well as in cases of illegal actions by military commissions. Contacting experienced lawyers ensures reliable protection of the rights of conscripts and helps to avoid possible legal problems.

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