Publication date: 22.10.2024
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A deferment from conscription for military service upon mobilization may be granted to a serviceman on the basis of the maintenance of certain family members. This is regulated by the legislation of Ukraine, in particular, the Law "On Mobilization Training and Mobilization". In order to receive a deferment due to the maintenance of family members, it is necessary to meet certain conditions and submit relevant documents to the Territorial Procurement Center (TCC). A deferment may be granted to conscripts who have dependents who require care or financial support.
The main categories of family members for which a deferment can be granted:
- Parents or single parents: a conscript who is the only son or daughter and has dependent parents (one or both) who are persons with disabilities of the first or second group, or who have reached retirement age and require constant care.
- Spouse and children: men who have a dependent spouse who is disabled or requires constant care. Persons who have three or more dependent children under the age of 18. Parents or guardians of a child with a disability, regardless of the number of children.
- Other relatives: the sole guardian of disabled family members (including grandparents, brothers, sisters) who need constant care and have no other relatives who can support them.
In order to prove the absence of other persons who are obliged to maintain, it is necessary to prove that there are no other relatives or persons who can assume the responsibility of maintenance or care. In order to confirm the right to deferment, it is necessary to submit to the TCC documents that confirm the maintenance of family members and their state of health.
Necessary documents for receiving a deferral:
- Documents confirming the composition of the family: certificate on the composition of the family. Children's birth certificates, marriage certificates, guardianship or guardianship documents.
- Medical documents: conclusions of medical advisory commissions (MAC) or MSEK regarding the state of health of persons in need of care. Certificates of disability.
- Other supporting documents: written explanations or consent from other relatives that they cannot provide support or care (if necessary).
The procedure for obtaining a postponement:
- Collection of documents: prepare all the necessary confirmations (medical reports, certificates of family composition, other necessary documents).
- Application submission: write an application for the grant of deferment on the basis of dependent family members and submit it to your TCC along with all supporting documents.
- Consideration of the TCC: the commission will consider your application and make a decision on granting a deferment. In case of refusal, you have the right to appeal this decision.
If you are having difficulty obtaining a deferment, or the TCC requires additional documents, legal assistance can be helpful to properly file and protect your rights.
Question
What does "absence of other dependents" mean?
Answer
The legislation of Ukraine determines that certain persons (for example, spouses, parents, children) have the duty to support persons with disabilities or those who need care. If there are other persons who can perform these duties, the serviceman may be refused discharge on this basis.
The Territorial Recruitment and Social Support Center (TCC) may request documents to prove the right to be exempted from military service, in particular in situations where a serviceman requests exemption based on the need to care for a person with a disability. In such cases, one of the key aspects is to confirm that the service member is the only person who can provide this care.
Question
What documents may the TCC require?
Answer
The territorial center of recruitment and social support has the right to demand confirmation that there are no other persons who can care for the disabled person, and that the serviceman is the only one who can do it. This may include: certificates of family composition, documents confirming the state of health of other relatives who could take care of them, but cannot due to their circumstances. Other confirmations that none of the other family members or relatives perform the function of care.
The most requested documents, which can be:
certificates from the place of residence or registration of other relatives;
medical certificates or court decisions confirming that other relatives cannot take care of a disabled person;
written explanations or testimony of other family members.
This confirmation is necessary to ensure that the right to leave or postponement due to the care of a disabled person is used only in cases where it is really justified. If the TCC illegally requires additional documents, or if you have doubts about the legality of the TCC's actions, you should contact a lawyer who specializes in military issues of the "Consultant" legal marketplace. Legal support in TCC and SP when submitting documents to confirm the absence of persons obliged to support a disabled person will help to avoid possible problems and wrongful refusals.
The main services that can be provided by a lawyer of the TCC and JV legal service "Consultant":
- Consultation on documents: the lawyer will explain exactly what documents need to be collected to confirm the absence of persons who could take care of a disabled person. This may include certificates of family composition, medical documents of other relatives who cannot care for the disabled person, and other legal confirmations.
- Preparation of documents: a lawyer will help you prepare all the necessary documents, in particular: a certificate of family composition. Explanatory notes or statements from other family members confirming that they are unable to perform care functions. Medical certificates, conclusions of LKK or MSEK, which confirm the disabled person's condition.
- Representation at the TCC: a lawyer in TCA and SS will accompany you when submitting documents to the TCC, ensuring correct execution and proper registration of documents. He will also be able to represent your interests before officials to avoid delays or undue demands from them.
- Appealing the refusal: in case of refusal to grant a postponement or dismissal due to insufficient documents or other reasons, a lawyer will help prepare an appeal or challenge the decision in court.
- Legal assistance, representation in court: if the territorial center of assembly refuses to grant a legitimate deferment or release, a lawyer can represent you in court to protect your rights and challenge such decisions through court.
The physical support of a lawyer in TCA and SS can be useful for ensuring your rights when interacting with representatives of the center, in particular when submitting documents or during the consideration of your case, as it is possible to have a lawyer's visit to TCA. Legal support in TCA lawyer by the specialists of the "Consultant" marketplace in such a situation will be important to ensure the correct execution of documents and protect your interests in case of complications from the TCA.
