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Publication date: 02.04.2024
Actual questions about the right to postponement of mobilization.
Taking into account the fact that Russia's full-scale war against Ukraine continues, in connection with which mobilization in Ukraine has been announced. Therefore, all men between the ages of 18 and 60 and women of certain professions are considered conscripts. Certain categories of men during the war are given a reprieve from mobilization, and as for women in Ukraine, they are currently called up for service only voluntarily. Who has the right to deferment from mobilization and how to get it - read in the material.
Who has the right to deferment from mobilization in wartime.
The list of certain categories of persons who have the right to receive a deferral during mobilization, provided for in Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization".
Postponement from mobilization can be received by:
- reserved for the period of mobilization and for wartime by state authorities, other state bodies, local self-government bodies, as well as by enterprises, institutions and organizations in accordance with the procedure established by the Cabinet of Ministers of Ukraine;
recognized according to the established procedure as persons with disabilities or, according to the opinion of the military medical commission, temporarily unfit for military service due to their health for a period of up to six months (with subsequent passing of the military medical commission);
women and men who are dependent on three or more children under the age of 18;
women and men, guardians, custodians, adoptive parents, foster parents who raise a child with a disability under the age of 18;
women and men, guardians, custodians, adoptive parents, foster parents raising a child with severe perinatal damage to the nervous system, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, diabetes type I diabetes (insulin-dependent), acute or chronic kidney diseases of the IV degree, a child who has received a serious injury, needs an organ transplant, needs palliative care, which is confirmed by a document issued by the medical advisory board of a health care institution in the order and form, established by the central body of executive power, which ensures the formation and implementation of state policy in the field of health care, but which has not been diagnosed with a disability;
women and men who are dependent on an adult child who is a person with a disability of the I or II group;
adoptive parents, guardians, custodians, adoptive parents, foster parents who are dependent on orphans or children deprived of parental care under the age of 18;
engaged in constant care for a sick wife (husband), child, as well as their parents or spouse (husband), who, according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution, need constant care;
who have a wife (husband) from among persons with disabilities and/or one of their parents or parents of a wife (husband) from among persons with disabilities of the I or II groups;
guardians of a person with a disability recognized by the court as incapable;
persons engaged in permanent care of a person with a disability of the 1st group; persons engaged in the permanent care of a person with a disability of group 1 or a person who, according to the opinion of the medical and social expert commission or the medical and advisory commission of a health care institution, needs constant care, in the absence of other persons who can provide such care;
women and men who have a minor child(ren) and a husband (wife) who is in military service under one of the types of military service defined by part six of Article 2 of the Law of Ukraine On Military Duty and Military Service;
employees of military administration bodies (administration bodies), military units (units), enterprises, institutions and organizations of the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the State Service for Special Communications and Information Protection of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the National Guard of Ukraine, the State Border Guard Service of Ukraine, the National Police of Ukraine, the Bureau of Economic Security of Ukraine, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, the State Executive Service of Ukraine, the State Security Office of Ukraine and other conscripts or certain categories of citizens in cases provided for by law.
In connection with the changes made on June 28, 2023, specified in para. 11 h. 1 st. 23 of the Law "On Mobilization Training and Mobilization" in order to receive a postponement of mobilization for persons who have a spouse (husband) from among persons with disabilities and/or one of their parents or parents of a spouse (husband) from among persons with disabilities AND or II group, it is necessary to prove that there are no other able-bodied persons who, according to the law, are obliged to support them.
In accordance with the following legal provisions, the following are entitled to maintenance:
It is the duty of adult children to take care of their incapacitated parents. This is enshrined in Article 51 of the Constitution of Ukraine. In addition, according to Part 1 of Article 202 of the Family Code of Ukraine, adult daughters and sons are obliged to support parents who are unable to work and need financial assistance. Therefore, in order for parents to claim maintenance, it is necessary: to prove a family connection; to be unable to work; need financial assistance. The obligation of adult children to support their parents does not arise in the absence of at least one of the specified conditions. Parents are obliged to support their adult disabled daughter and son who need financial assistance, if they are able to provide such financial assistance (Article 198 of the Family Code of Ukraine). Parents are also obliged to support their disabled adult children who need financial support, regardless of whether they are married or not. According to the expert, if you are called up for military service on this basis, then in accordance with Article 26 of the Law on Military Duty and Military Service, you will be able to be released from military service, since you have the right to be released in the presence of your wife, your parents and your wife's parents (man) with a disability of I, II groups, without the fact of maintenance.
Escort at the territorial recruitment and social support center, legal support at the military commissariat,military commissariat , submission of the specified list of documents is carried out by lawyers and lawyers of the military escort to the military commissariat .
