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Publication date: 11.03.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
I constantly hear questions, my disability expired during the war, I can not now go to the ICEC, or do not want to, it is extended automatically, can I use this certificate to travel abroad or registration of deferment from mobilization, and whether I will continue to pay a pension. This is what we will discuss in this article.
Extension of disability automatically during the war, is it true?
If in general and in general to answer this question, then yes, it is true.
We have a resolution of the CMU № 390 from 30.03.2022g. "On Amendments to Some Resolutions of the Cabinet of Ministers of Ukraine Concerning the Term of Re-examination of Persons with Disabilities and Extension of Validity of Certain Medical Documents under Martial Law", according to which, indeed, if the re-examination of the MSEC or LCC fell during the period of martial law in Ukraine and you now have no opportunity to make a re-examination, then the validity of your disability documents is automatically extended and they must be valid for another 6 months after the termination of martial law.
And such automatic extension applies to both adult disabled persons and children of disabled persons.
But that's the law.
And here is how it actually happens in practice. We all realize that it is often written one thing on paper, but when you go to some state body with such a position, you get something completely different.
And this very different, what happens in practice, I would like to discuss 3 separate topics that people are often interested in: whether I will continue to pay disability pension, whether I or my relative with overdue disability documents can get a deferment from mobilization and whether we can go abroad.
And now let's go in order.
Payment of disability pension, which is overdue
Yes, and again yes. You are obliged to pay all your pensions and disability payments until the end of martial law in Ukraine and within 6 months after its termination or cancelation.
Therefore, if the PFU bodies tell you that your MSEC certificate or your pension certificate has expired, so go renew it, otherwise we will deprive you of your pension, they are fundamentally wrong.
It is necessary to write them a written request, refer to the resolution of the CMU № 390 from 30.03.2022g. and demand a written response, write complaints and appeal to the court.
And in this case I consider it very appropriate to appeal to the court, if your pension was canceled for this reason. You have a winning position and have every chance of success.
Although in practice, as I have heard from many people, social payments and pensions for overdue disability continue to be paid.
Extension of disability and deferment from mobilization
It is not written in the CMU Resolution No. 390 that it applies to the PFU bodies, but not to military commissions or any other bodies.
Accordingly, the provision on the extension of the disability group automatically applies to absolutely all enterprises, institutions and organizations that you can visit within Ukraine.
But in practice, when you go to TCC and SP to formalize deferment from mobilization, they do not agree with this position.
And it is almost impossible to make them agree with it voluntarily.
They thoroughly check all your documents and immediately say that your disability or that of your relative has expired, so we will not give you a deferment, here is a summons to be sent and go to war.
Of course, you do not have to do what they say and agree with their every word.
And to such their words you may well object that the period of validity of disability is extended by the resolution of the CMU № 390, refuse to sign the summons to send, demand to draw up an act of refusal to sign, where to write that I have the right to deferment, TCC notified about it. Further on this subpoena to not appear anywhere and go to appeal it in court.
In general, to conduct a standard course of action, as it is carried out in cases when they illegally deny any deferment from mobilization on any grounds.
I do not have a clear judicial practice in this regard.
But if you are guided by this legal position set out in the CMU Resolution No. 390, I see good enough prospects to force the TCC and SP to grant you a deferment from mobilization through the court, if the reasons for refusing it are related to the overdue period of disability.
But through the court.
In the current situation I see practically no prospects to prove it to them peacefully.
They all say that this decree № 390 concerns only social payments and has nothing to do with deferment from conscription. But of course it is not true and their position is illegal.
Therefore, if your goal is deferment from mobilization, if you or your relative's disability has expired, then before you go to apply for deferment from the army, try to extend the disability, go through a re-admission and put all the documents in order, if it is at all possible.
Well, if it is absolutely impossible, for example, a relative does not walk and is not in the territory not controlled by Ukraine, or is abroad, can not come, then get ready to write a letter for deferment and go to court, to prove your legal position. There are all prospects in this. But stock up on patience, quickly and easily it will not be.
Exit from Ukraine for men, if the pension certificate and disability expired
This applies both to the departure of disabled persons on their own, and to a militarily obliged man accompanied by some disabled person.
Likewise, the effect of the CMU Resolution No. 390 applies to the State Border Service too.
But so far I have not heard a single case in practice that they let a person abroad or his escort on expired disability documents.
And here it is virtually guaranteed that you will be denied travel abroad.
Therefore, I do not recommend that you even try to cross the border on expired disability documents.
And about the judicial practice is not all smooth. If in the case when you are illegally denied deferment from mobilization or pension payments, I believe that it is possible and necessary to sue, then in the case of refusal to travel abroad, so far the practice shows that it is not expedient.
The maximum that you will get is a court decision, which will recognize the illegal refusal to you to cross the border. And that's all. And at the same time you will spend on judicial procedures half a year, maybe a year.
If for the purpose of deferment, not to go to war, or for the purpose of pension it is worth it, then to get a decision that yes, the bodies of the State Border Service were wrong, in my opinion, it is not worth it.
And the judicial practice on appealing against illegal refusals to cross the border is still built in such a way that the courts, as a rule, do not make decisions with the wording to oblige the bodies of the State Border Service to give you permission to cross the border. Courts say that we do not make decisions for the future. We analyze only the refusal that has already happened.
Therefore, even after going through the whole procedure, you will receive a court decision that yes, you were illegally denied exit. It is not clear how to fulfill it and cross the border again. You will again try to leave the country, again you will be refused. And again you will go to court to appeal it. And so endlessly in a circle.
Therefore, in the case of border crossing, with the current judicial practice, I think it makes no sense to sue. But it is about crossing the border. For all other reasons you can and must.
If your goal is to cross the border - just when you see that the case goes to refusal, ask you not to register, say that you have changed your mind. And try to cross through another checkpoint. Maybe you will get lucky somewhere.
But still, if your goal is to leave Ukraine and your disability documents are expired, I do not recommend you to take any risks. There is a very high probability of refusal. Put your documents in order, go through re-admission and then only leave.
In this article I told you what to do if your disability expired during the war, you can not pass MSEC, or do not want to, whether the disability is automatically extended, and whether you can use this certificate to travel abroad or registration of deferment from mobilization, and whether you will continue to pay a pension. Also already published a lot of videos and articles about what are now options for registration of deferment from mobilization, leaving Ukraine, how to fight the lawlessness of military commissions, if they drag you to the busik, and much more. I advise everyone to familiarize themselves with it.
Border escort, border crossing for men, the rules for men going abroad during the war, conditions for crossing the border are popular questions for lawyer now.
