DEFERRAL FOR WIFE'S DISABILITY - legal assistance

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Khyzhavska Olesia Yaroslavivna

Lawyer

Ukraine / Khmelnytskyi Oblast

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Publication date: 30.11.2024

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Deferral of mobilization due to a spouse’s disability

In the difficult conditions of martial law, Ukrainian legislation provides for exceptions that allow conscripts to receive a deferral of mobilization. One of these grounds is the presence of a husband or wife with a disability of group I or II, as well as some cases of group III, if the disability is established due to special circumstances, such as oncological diseases or serious physical disabilities. The implementation of this right often requires not only confirmation of documents, but also legal support. In this article, we will consider the key aspects of deferral due to a spouse’s disability, as well as the role of the services of a military lawyer in ensuring the effective protection of your rights.

According to Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, conscripts who have a spouse with a disability of group I or II are exempted from conscription during mobilization. Also, persons whose spouses have a disability of group III are entitled to a deferment, provided that it is established due to oncological disease, amputation of limbs, hands, feet, loss of one of the paired organs, or in the presence of such conditions as mental disorder, cerebral palsy or other paralytic syndromes.

Deferral of mobilization due to the disability of the spouse is a right protected by Ukrainian legislation, provided that the registration procedures are followed.

The services of a military lawyer are aimed at assisting in the collection, registration and protection of documents necessary to confirm the right to a deferral.

A responsible approach to the legal registration of a deferral allows you to avoid conflicts with military commissariats and judicial bodies.

Main aspects of obtaining a deferral

According to the current legislation of Ukraine, a conscript has the right to a deferral if:

1. The wife has a disability group I. This is the most obvious reason that requires confirmation by medical documents.
2. 
   The wife has a disability group II. This is an obvious reason that must be confirmed by medical documents.
3. 
   The wife has a disability group III under special circumstances. This applies to cases where the disability is associated with cancer, amputation of limbs, cerebral palsy, mental disorder or other serious conditions.
    

Legal assistance is important for the correct execution of documents and protection of the rights of military conscripts applying for a deferment. To obtain a deferment, you must start with a legal consultation, where the services of a military lawyer will help assess your situation, confirm the existence of grounds for a deferment, and determine the list of necessary documents. 

Full range of military lawyer services

The legal service "Consultant" provides a wide range of services for conscripts who have grounds to apply for a deferment due to their spouse's disability. These services cover all stages of the process from consultations to legal representation and post-trial support.

• Consultations. Lawyers provide a detailed analysis of the client's specific situation, determine the legislative grounds for a deferment and explain the rights of the conscript. Consultations help to understand what actions need to be taken, what documents to collect and how to avoid potential problems during the consideration of the case.
• 
  Preparation of documents. Proper documentation is a decisive factor in obtaining a deferment. Lawyers will help to collect and prepare medical certificates, conclusions of the LCC (medical advisory commission), marriage certificates, certificates of family composition and other documents confirming the grounds for exemption from mobilization. They also check whether the documents meet the requirements of the law in order to avoid refusal for formal reasons.
• 
  Drawing up an application. Specialists will help you draw up a competent application for a deferment, taking into account all the nuances of the legislation. The application indicates the grounds for exemption from mobilization, adds references to the relevant articles of the law, and also includes all the necessary arguments for the successful consideration of the case.
• 
  Legal support at the military registration and enlistment office. When submitting an application and documents to the territorial recruitment center, the client may encounter administrative barriers or attempts to refuse to consider the case. Lawyers represent the client's interests at all stages of communication with military commissariats, ensuring a professional approach to the consideration of the case and its successful resolution.
• 
  Appealing refusals. If the territorial recruitment center unreasonably refuses to grant a deferral, lawyers will prepare an official complaint and help file it for judicial review. They carefully analyze the reasons for the refusal, prepare legal arguments and accompany the client at all stages of the appeal.
• 
  Judicial protection. If the case reaches court, lawyers provide full representation of the client's interests. They develop a legal position, form an evidentiary base, draw up procedural documents and protect the client's interests in court. Thanks to the professional approach of lawyers, the client has a higher chance of a successful outcome in the trial.
• 
  Post-trial support. After the court decision is made, lawyers will help in its implementation, monitor the implementation of the decision by the territorial recruitment center and advise the client on further actions. They will also provide recommendations on avoiding repeated legal conflicts or problems related to military service.
   

Contacting the lawyers of the “Consultant” service provides a comprehensive approach to resolving the issue of deferment from mobilization, guaranteeing the protection of the client’s rights and the effective realization of his legitimate interests.
The “Consultant” legal service provides a wide range of services for military servicemen who have grounds to claim a deferment due to the disability of their wife or husband.These services cover all stages of the process from consultations to legal representation and post-trial support.