Publication date: 21.12.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Mobilization is an essential tool for ensuring Ukraine's defense capability. However, the legislation provides deferment for certain categories of citizens, particularly for those whose wives have disabilities. This article provides a detailed overview of the legal grounds and the procedure for obtaining such deferment.
Legal Basis
Deferment from mobilization for individuals whose wives have disabilities is regulated by the following acts:
- The Constitution of Ukraine (Article 51) guarantees special protection for families.
- The Law of Ukraine "On Mobilization Preparation and Mobilization" (Article 23) specifies the list of individuals exempt from mobilization, including those caring for family members with disabilities.
- The Family Code of Ukraine establishes the obligation of spouses to assist one another.
- The Law of Ukraine "On Social Services" clarifies mechanisms for providing assistance to persons with disabilities and supporting their families.
Who Is Eligible for Deferment
The following individuals may be eligible for deferment due to their wife’s disability:
- Men whose wives have Group I or II disabilities.
- Individuals who are the primary caregivers for their wives with disabilities, as confirmed by documentation.
- Those providing full medical care to their wives if prescribed by medical recommendations.
It is also important to note that the right to deferment can only be exercised by men who are the sole breadwinners in the family or the only ones capable of providing proper care for their wives.
Confirming the Right to Deferment
To exercise the right to deferment, the following facts must be proven:
- The wife's disability status (confirmed by a Certificate from the Medical and Social Expert Commission, MSEC).
- The absence of other family members capable of providing care.
- The obligation to provide constant care (documents from social services or medical institutions).
How to Apply for Deferment
- Gather the necessary documents: Marriage certificate; Disability certificate of the wife or MSEC statement; Documents confirming the need for care; Conclusions from social services confirming family circumstances.
- Contact the territorial recruitment center: Submit an application for deferment; Provide copies and originals of all documents; Obtain clarification on the duration of the deferment.
- Await a decision: The recruitment center makes a decision based on document verification; If necessary, a conclusion from the military medical commission (MMC) is provided.
Additional Recommendations
- Document verification. Ensure that all documents are up-to-date and properly formatted before submitting them to the recruitment center.
- Consultation with a lawyer. This can help avoid mistakes and speed up the deferment process.
- Regular updates. If the wife requires ongoing care, updated medical certificates and conclusions from social services must be submitted on time.
Important Aspects
- Deferment is granted only if no other family members are capable of providing care.
- The deferment duration is limited and requires periodic document updates.
- The military medical commission may require additional medical confirmations.
- Forging documents to obtain deferment is a criminal offense and can have severe consequences.
Questions and Answers
Question
Is it necessary to confirm the fact of caregiving for a wife with a disability?
Answer
Yes, to obtain deferment, it is necessary to provide documents confirming that you are the primary caregiver for your wife. These can include medical certificates, conclusions from social services, or other official documents.
Question
Can deferment be revoked?
Answer
Deferment can be revoked if circumstances change, for example, if the wife’s health improves or another person capable of providing care becomes available. It can also be revoked if false information is found in the documents.
Question
Does deferment affect future mobilization?
Answer
Deferment is granted for a specific period and does not mean complete exemption from mobilization. If circumstances change, the mobilization issue may be reconsidered.
Benefits of Obtaining Deferment
Ensuring the protection of the rights of families with disabilities.
Maintaining family well-being and proper care.
Avoiding legal conflicts during the mobilization process.
Preserving family unity in difficult life circumstances.
Compliance with Ukrainian legislation regarding social protection.
Expert Advice
It is recommended to carefully verify the validity of documents before submitting them to the military recruitment office. In case of doubt, contact lawyers who can help correctly prepare all necessary documents and avoid rejection due to technical errors.
Contact the Specialists at Consultant.net.ua
If you need qualified legal assistance on mobilization issues, the specialists at Consultant.net.ua are ready to support you. They will help:
- Understand the nuances of current legislation.
- Prepare all necessary documents for deferment application.
- Represent your interests in state authorities.
- Assist you at every stage of the process.
In addition, our lawyers can also help you resolve the following issues:
- What documents are required for a postponement of citizens who have a wife (husband) with a disability of the I or II group;
- How to find a lawyer on the deferment of citizens who have a spouse (husband) with a disability of the I or II group;
- Consultation on the deferment of citizens who have a spouse (husband) with a disability of the I or II group;
- Legal assistance for postponement of citizens who have a wife (husband) with a disability of group I or II;
- List of documents for a postponement of citizens who have a wife (husband) with a disability Group I or II;
- Postponement of citizens who have a wife (husband) with a disability of group I or II in Ukraine 2024;
- Documents for postponement of citizens who have a wife (husband) with a disability of the I or II group;
- The process of deferment of citizens who have a wife (husband) with a disability of the I or II group;
- How much does a legal consultation on the deferment of citizens cost;
- How much is a deferment for citizens who have a wife (husband) with a disability of the I or II group;
- Postponement of citizens who have a wife (husband) with a disability of the I or II group;
- who have a wife (husband) with a disability of the I or II group;
- and other.
Contact the experts at Consultant.net.ua for effective solutions to your legal issues. We guarantee professionalism and quick resolution of your problems!
Deferment from mobilization for individuals whose wives have disabilities is a legitimate tool for ensuring social protection of families. Applying for this deferment requires a careful approach to document collection and compliance with legal requirements. If necessary, seek legal advice to avoid mistakes during the application process.
