Can men with II group disabilities be mobilized?

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Khyzhavska Olesia Yaroslavivna

Lawyer

Ukraine / Khmelnitsky region

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Publication date: 04.11.2024

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Can men with II group disabilities be mobilized? Assistance of lawyers of the "Consultant" service during mobilization

Since the start of full-scale mobilization in Ukraine, thousands of men are turning to lawyers for advice on their military fitness. One of the questions that often arises before men with disabilities, in particular the second group, concerns mobilization and possible exclusions. Many do not know their rights and do not understand whether they are subject to conscription under martial law. The lawyers of the "Consultant" service come to the rescue, providing legal support and assistance in matters related to mobilization.
The purpose of this article is to provide a detailed explanation on the topic of mobilization of men with disabilities of the II group and to show how lawyers can help in ensuring their legal protection.

Men with disabilities of the II group have the right to automatic exemption from the draft, if their disability is confirmed by relevant documents. In some cases, regional recruitment centers may require additional examinations, but this usually does not apply to persons with a clearly established disability.

Men with disabilities of the II group are not subject to mobilization and have the right to deferment according to the law.

The military medical commission recognizes such persons as unfit for military service due to their health.

The "Consultant" service provides legal support to ensure the rights of persons with disabilities during mobilization.

Disabled persons of the 2nd group in Ukraine have the right to a postponement of mobilization, since their state of health is officially recognized as incompatible with the performance of military duties. According to Article 23 of the Law "On Military Duty and Military Service", men with disabilities of group 2 receive a permanent deferment, which does not require additional medical examinations or confirmations. Such persons must have with them a medical opinion and disability certificate, which are the main documents for exercising this right. It is also important to note that the deferral applies even under martial law, guaranteeing stable legal protection for disabled persons of the 2nd group. This status exempts them from the draft, allowing them to maintain their health and social stability.

In order to receive a postponement from mobilization, persons with disabilities of the II group need to prepare several important documents:

1. An application for deferment is a personal application addressed to the head of the territorial recruitment center with a request to grant a deferment from the draft.
2. 
   Documents confirming disability — in particular, a certificate from the MSEC on the establishment of the II group of disability and a certificate of a disabled person.
3. 
   Documents confirming the identity — a copy of the passport of a citizen of Ukraine and an identification code. 
   If necessary, you can also add additional medical reports that detail the state of health that may be the basis for a postponement.

How the "Consultant" service helps during mobilization

The "Consultant" service offers a number of services for persons with disabilities who may face challenges during mobilization. Legal assistance includes:

• Consultations on legislation. Lawyers help to understand all aspects of legislation on mobilization for persons with disabilities of the II group, explaining to clients their rights and possibilities of deferment
• 
  Preparation of documents. Service specialists provide assistance in collecting, processing and checking documents that confirm disability and the need for postponement of mobilization.
• 
  Support in appeals to the MMC. Lawyers advise and prepare clients to apply to the military medical commission to obtain an opinion on unfitness for service, and also help in solving issues related to repeated commissions.
• 
  Protection of client rights. In the event of an illegal conscription attempt, the lawyers of the service protect the rights of their clients in the legal field, including appeals to the competent authorities and appeals against the actions of conscription commissariats.
• 
  Appealing decisions. If the adopted decision contradicts the law, the lawyers of the "Consultant" help to challenge it by preparing appeals and submitting statements to the relevant authorities.
   

Legal aid in the context of mobilization becomes an important resource for persons with disabilities, since protection against wrongful conscription requires knowledge of legal aspects and procedures. Lawyers of the "Consultant" service also provide support in communication with representatives of military commissariats, which allows avoiding misunderstandings and protecting the rights of clients. The services of a military lawyer include legal support during mobilization, assistance with documents for deferment, and protection of rights in the event of illegal conscription.

Thus, men with disabilities of group II have the legal right to deferment from mobilization, guaranteed by Ukrainian legislation. It is important to understand your rights and have correctly executed documents in order to avoid possible misunderstandings with employees of territorial recruitment centers. Legal assistance provided by specialists of the “Consultant” service helps to protect the rights of persons with disabilities and provides additional support during mobilization. Clear compliance with procedures and qualified legal support make this process less stressful and more understandable for citizens. Knowing your rights is the first step to protecting them.