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Publication date: 18.04.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Bill 10449 has been passed. In this article we will discuss who is going to have their deferment from mobilization taken away under the current version, and who is going to keep it.
The changes are not happy, so stock up on valerian. But they need to be known, controlled and monitored.
Deferment from the army under the new rules
As always, by tradition, we will break down the main categories of persons who now have a deferment from mobilization. And let's compare the current version of the law with the one that is planned for the 2nd reading of the bill 10449.
The deferment from mobilization is also preserved for those who are reserved in accordance with the procedure established by law and for representatives of certain authorities.
Deferment from mobilization is preserved for all disabled people, both of group 1, 2 and 3, regardless of the results of their VLC in the military commission, as well as for those who are recognized temporarily unfit for military service for a period of 6-12 months with a subsequent re-admission.
But as for disabled persons of 1, 2 and 3 groups, there is a big spoon of tar here.
Yes, the deferment is preserved. And yes, it does not depend on whether you are fit or unfit for military service according to the results of VLC.
But it is planned that all those who first received disability of group 2 or 3 from the beginning of martial law in Ukraine, i.e. from 24.02.2022, will be subject to recomission.
This will not affect those whose first disability was received earlier than 24.02.2022, regardless of the date of extension. Group 1 disabled persons will not be affected.
Also, it will not affect those who received disability as a serviceman during the performance of a combat mission. Or to whom it is established because of the absence of a limb, hand, foot, leg, one of the paired organs, or as a result of cancer, intellectual or mental disorders, cerebral palsy or paralytic syndromes, in whom it is associated with disability since childhood.
Those with many children, who have 3 or more children up to 18 years old, retain the right to deferment. But the condition is added that there should be no arrears of alimony for a period of more than 3 months. In principle, logical.
Now the most interesting thing about single fathers. Many people have been waiting for these amendments with bated breath.
A military man who raises a child up to 18 years old on his own has the right to deferment, if the mother is dead, deprived of parental rights, missing or declared dead. These are the grounds that are unchanged.
But there are others.
Added the ground to be considered a single father if the mother is serving a sentence in prison.
Also remained and concretized the basis to be considered a single father, if the court decision found that the father independently raises and maintains the child without the participation of the mother.
The deferment from mobilization of any parent of a disabled child up to 18 years of age and those whose child is ill with particularly serious diseases according to a special list is preserved. And it still does not depend on the presence or absence of the second parent.
Deferment from conscription is preserved for any of the parents of an adult disabled child, but still subject to the condition that he proves that the child is on his maintenance.
Adoptive parents, guardians, custodians, foster parents, foster parents or foster parents of a child up to 18 years of age who has the status of an orphan or a child deprived of parental rights are deferred from the army.
Deferral from mobilization for those who have a formalized care for a husband, wife or their parents, who according to the conclusion of the LCC or MSEC need constant care, is preserved. And it still does not depend on the presence or absence of other relatives.
But as for the parents of the wife - here everything is more complicated and there are significant changes.
If a person liable for military duty has taken care of his wife's parents, who, according to the conclusion of the LCC or MSEC, need permanent care, the current version of the bill retains the right to deferment from mobilization only if the wife herself, according to the conclusion of the LCC, needs permanent care or is dead, missing or recognized as deceased. Also, the parents of the wife must not have other able-bodied relatives who are obliged by law to take care of them.
That is, if the wife's parents have a wife, their daughter, who has no LCC or MSEC report that she needs constant care, and even if she has a disability, but there is no record that she needs constant care, there will be no deferment from mobilization to care for the wife's parents who need care. Nor will it be available if the wife meets all of these requirements, has an LCC or MSEC certificate, but her parents have other children who are adults, not retired or disabled, or a spouse who is not retired or disabled, or their parents who are not retired or disabled.
Guardians of incapacitated persons retain a deferral from mobilization.
Now the most interesting paragraph 11 of Article 23 of the Law of Ukraine "On mobilization preparation and mobilization", which is the most problematic and was and still is.
The situation of those who have a wife, a disabled person of the 1st or 2nd group has even improved in comparison with the current legislation.
Now they have a deferment from mobilization provided that their wife has no other able-bodied relatives.
And it is planned that it will be one that does not depend on the presence or absence of other relatives.
As for those whose wife is disabled of the 3rd group, it is more complicated.
Now their deferment is also only on the condition that the wife has no other able-bodied relatives. It is planned that it will be only in some cases, not in all, but not depending on the presence or absence of other relatives.
And she and her wife will be disabled group 3 only if the wife's disability is established as a result of oncology, the absence of a limb, hand, foot, one of the paired organs, or if she is diagnosed with cancer, mental disorder, cerebral palsy or other paralytic syndromes. And that's it, with the rest of the illnesses, anyone who has a wife with a group 3 disability loses their right to deferment.
Those who have a parent, disabled of group 1 or 2, or a parent of a wife, disabled of group 1 or 2, retain their right to defer mobilization only on condition that the disabled person has no other persons who are not liable for military service and who, according to the law, must support them (except when such persons are themselves disabled, need constant care, are under arrest (except house arrest), or are serving a term of imprisonment or restriction of freedom). And a provision was added that in the absence of other non-military-commissioned relatives, only 1 of the military-commissioned persons, at the choice of the disabled person, may take care of such a parent or parent of the wife, who is disabled of group 1 or 2.
Now we move on to the care of grandchildren for grandparents and the care of other relatives and non-relatives.
A family member of the second degree of kinship (brother, sister, grandchildren, grandmother, grandfather) can take care of a relative who is disabled of group 1 or 2, and receive a deferment from mobilization, provided that such a relative has no family members of the first degree of kinship (children, parents, spouse, spouse) or if they have them, but they themselves need constant care according to the conclusion of the MSEC or LCC.
Only 1 relative of the second degree of kinship per 1 disabled person can apply for such deferment.
The same requirements apply to relatives of the 3rd degree of kinship (uncles, aunts, nephews and nieces), if such a disabled person does not have both relatives of the 1st degree of kinship and relatives of the 2nd degree of kinship, or if they exist, but need constant care according to the conclusion of the MSEC or LCC.
We also see that it is impossible to provide care for a disabled person of group 1, 2 to a non-relative or a relative of a farther degree of kinship, after 3, and to receive on this basis a deferment from the army at all.
It is not clear what to do for absolutely single grandmothers or grandfathers.
I also see a more serious problem here.
No one - neither a relative nor a stranger - will be able to take care of grandparents who have not registered 1 or 2 disability groups, but simply received a certificate from the LCC that they need constant care, and receive a deferment from mobilization on this basis. And no one.
I.e. grandparents at the age of 80 will have to go a long way to get disability group 1 or 2. And there will be no other option if everything remains as it is.
Deferment from mobilization of one of the parents who has a child under 18 years of age, if the second parent is in military service, is preserved.
Now let's understand the deferment from mobilization of students.
Now it is available to all full-time students, regardless of age, number of education and its level.
It is planned that it will remain for full-time students, provided that the next level of education is a level higher than the previous one, which the student already has.
I.e. if it is the first education - there is deferment. If it is the second, third and further - it is preserved only if your level of education is higher than the previous one. I.e. to keep deferment if you have secondary education or vocational school, you can enroll for a bachelor's degree. If you already have a bachelor's degree, you can only apply for a master's degree. If you have a master's level or a specialist, which is equal to it - only to graduate school.
As for postgraduates - the word postgraduate is not mentioned in the list of those who have the right to deferment. But the word student is not specified either. It says that the one who receives education. Accordingly, I conclude that both postgraduates and full-time students retain their deferment.
Doctoral students also retain their right to deferment.
There is also a provision that those who lost the right to deferment after these changes, retain it until the end of the current academic year.
Scientific, scientific and pedagogical staff retain their deferment from mobilization, provided that they are employed at least 0.75 rate. There are no changes.
Regarding the deferment from conscription for those whose relative died during the ATO or during the martial law in Ukraine while performing his military duties, if he was a serviceman, there are some changes.
Now such deferment is available to those who have lost a relative of a serviceman husband, wife, son, daughter, mother, father or full or half-brother or sister, grandmother, grandfather. A full sibling is when both parents are common. An incomplete sibling is when only 1 parent, mother or father, is in common.
So, it is planned that those who have lost a half-brother or sister, i.e. with whom he had only 1 parent in common, will lose their right to deferment from mobilization on this basis. Also those who had a grandmother and grandfather will lose their right to deferment.
Also those whose relative, husband, wife, son, daughter, mother, father, brother or sister, but only full siblings, posthumously received the title of Hero of Ukraine will also be eligible for deferment from mobilization.
Support of a lawyer at military point needs everyone, penalty for failure to appear at the military commissariat is more and more, hiding from the military commissariat is not good idea, escort at the military commissariat can happen.
