Publication date: 02.04.2025
Expert in the field of family, civil, labor law, intellectual property law
Client: An individual who is the sole caregiver for his mother.
Region: Kyiv
Goal: Obtaining the act of establishing the fact of caregiving for his mother to receive a deferment from mobilization.
Client's request:
The client approached the law firm with a request to obtain the act of establishing the fact of caregiving for his mother. As the sole caregiver for his mother, the client provides constant care and assists with daily living, which is the basis for obtaining a deferment from mobilization according to paragraph 9, part 1, article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization".
Decision:
Our company's lawyers conducted a thorough analysis of the case, documentation, and confirmed that the client indeed has the right to obtain the act of establishing the fact of caregiving and a deferment from mobilization based on this.
Since the client's mother has a conclusion from the medical-consultative commission (MCC) about the need for constant care, it was necessary to obtain the caregiving act.
Together with the client, we prepared the required document package, including medical documentation, proof of cohabitation, and family connections.
What is a deferment from mobilization?
Deferment from mobilization is a temporary exemption from being called up for service in the Armed Forces of Ukraine or other military formations, granted based on legislative acts or decisions by competent authorities.
One of the grounds for obtaining a deferment is caregiving for close relatives who require constant medical or social care. A deferment is granted to individuals who provide care for persons with disabilities or severe illnesses, if this is confirmed by appropriate medical conclusions or acts.
Who can caregiving be established for:
According to the current legislation of Ukraine, caregiving can be established for relatives who require constant or prolonged medical care and assistance with daily living. These can include:
- Parents (mother, father): If they have a disability or serious illnesses requiring constant care.
- Children: If the child is a minor or has a disability that requires care and constant supervision.
- Spouse: In the case of serious illnesses when one spouse requires constant assistance.
- Siblings: In the case of serious illnesses or disability that requires constant medical or social care.
- Other relatives: If they have serious illnesses or disabilities and are unable to perform daily activities without assistance.
Therefore, a deferment can be granted to individuals who act as caregivers for relatives who require constant or prolonged care due to serious illnesses or disabilities.
Stages of work:
Preparation of document package
The lawyer, together with the client, prepared all the necessary documents, including medical documentation and other proofs. The document package was submitted to the social and veteran policy authorities for further consideration.
Submission of application and caregiving act registration
On 14.03.2024, the client submitted an application for the issuance of the act of establishing the fact of caregiving. Within ten days, a commission was conducted at the client's place of residence.
Issuance of the act and obtaining the deferment
On 24.03.2024, the client received the act of establishing the fact of caregiving for his mother, which allowed him to exercise his right to a deferment from mobilization under paragraph 9, part 1, article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization".
This case demonstrates how properly organized legal services can help citizens who care for their relatives resolve issues with obtaining a deferment from mobilization. It is important to seek assistance in a timely manner to ensure all legal procedures are followed and avoid unnecessary delays. If you need help with similar issues, we will be happy to provide you with the necessary consultation and assistance.
