The right to exemption from mobilization
In the conditions of the war in Ukraine and martial law, the issue of mobilization has gained great importance for many citizens. However, the legislation provides for certain exceptions for those who raise a child independently. This is a special case that allows for a postponement of conscription during mobilization.
Question
Does the father have the right to receive a deferment during mobilization if he alone raises a child under the age of 18?
Respond
Yes, a father has the right to receive a deferment if he independently raises a child under the age of 18 in accordance with the current legislation of Ukraine.
Question
Under what circumstances can parents receive a deferment during mobilization?
Respond
Parents can receive a deferral of mobilization if one of them is deceased, declared missing or dead, deprived of parental rights or serving a sentence.
Question
How to confirm the right to receive a deferment?
Respond
The right to receive a postponement of the draft during mobilization is confirmed by relevant documents, in particular, court decisions or birth registration documents.
Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" establishes a number of exceptions for persons who are not subject to conscription for military service during mobilization. One of the categories that is eligible for exemption or postponement of the draft is men and women who independently raise a child or children under the age of 18.
This exception applies to the following cases:
- If the second parent is deceased, declared dead or missing.
- If the second parent is deprived of parental rights.
If the second parent is serving a prison sentence.
If a person independently raises and maintains a child according to a court decision.
If the record about the child's father is made on the basis of the first part of Article 135 of the Family Code of Ukraine (when the mother submits an application to establish paternity, but information about the father is not included in the registration documents).
The specified legal provision enables persons who raise a child independently to avoid mobilization, which allows them to continue to fulfill their parental duties and ensure proper upbringing of the child.
According to Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", persons who independently raise a child under the age of 18 have the right to be exempted from mobilization.
The categories of persons subject to exemption also include those who have a child to support in the event of the death of one of the parents, deprivation of parental rights or recognition as missing.
An important condition for exemption from mobilization is the presence of relevant documents confirming the independent upbringing of the child.
In order to receive the right to exemption from mobilization, it is necessary:
- Collect the necessary documents. This can be a death certificate of the second parent, a court decision on the deprivation of parental rights, a court decision on the independent upbringing of a child, or an extract from the Birth Registration Book regarding the record of the father under Article 135 of the Family Code of Ukraine.
Submit documents to the Military Committee. Having collected all the necessary documents, they should be submitted to the military commissariat for consideration of the issue of granting a postponement or dismissal.
Get the decision of the Military Commissariat. After reviewing the documents, the Military Commissariat issues a decision on deferment or exemption from conscription for military service during mobilization.
Services of a military lawyer
Lawyers of the "Consultant" service provide qualified assistance in matters of exemption from mobilization, in particular for persons who independently raise a child under the age of 18.They help clients understand their rights under current legislation and provide advice on preparing the necessary documents. Services include case analysis, preparation of applications and appeals, as well as support in military commissariats.
Specialists of "Consultant" also pay attention to the importance of proper preparation of documents that confirm the status of independent education of the child. They will help you get a reprieve, guided by Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", and will ensure your rights to legal protection.
The process of obtaining a deferment exemption can be quite complicated, especially if there are legal difficulties or the need to clarify the details. In such cases, it is important to seek the help of a professional lawyer.
The services of a military lawyer of the "Consultant" service include:
- Advice on your right to exemption from mobilization.
Assistance in collecting and preparing documents.
Representation of interests in court or before military authorities.
Legal support of the process of registration of postponement or dismissal.
A qualified military attorney will help reduce the risks of being denied mobilization release and ensure legal protection of your interests.
Independent upbringing of a child under the age of 18 is a valid reason for exemption from mobilization during martial law. The legislation of Ukraine clearly defines the conditions under which parents can obtain such an exemption and provides an opportunity to protect their rights. It is important to carefully prepare all the necessary documents and, if necessary, use the services of a military lawyer of the "Consultant" service, in order to ensure proper legal protection and obtain a postponement or exemption from mobilization. Contacting a military attorney will also help minimize any difficulties in the discharge process and give you peace of mind about your parenting responsibilities.
