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Publication date: 25.04.2024
lawyer, 23 years of experience in enforcement.
The norms of the new Law No. 10449, which establish new rules for the mobilization of citizens of Ukraine, completely excluded such a concept as partially approaching mobilization. In accordance with this Law, a number of cases have been established in which citizens of Ukraine are not subject to conscription for military service during mobilization, namely:
1. persons with disabilities or temporarily unfit for military service due to health conditions for a period of 6–12 months;
2. reserved and registered with special military personnel;
3. women and men who support three or more children under the age of 18, except for those who have arrears in alimony payments, the total amount of which exceeds the amount of payments for three months;
4. military personnel with a child (children) under the age of 18, in the absence of a second parent;
5. women and men, guardians, trustees, foster parents, parent-educators raising a seriously ill child or a child with a disability under the age of 18;
6. women and men who are supporting an adult child who is a person with a disability of group I or II
7. adoptive parents, guardians, trustees, foster parents, parent-educators, foster carers who are supporting a child who, before the adoption, was an orphan or a child deprived of parental care, under the age of 18;
8. persons are engaged in constant care for a sick wife, child and/or their father or mother, if she herself needs constant care and the conclusion of a medical and social expert commission or a medical advisory commission of a health care institution requires constant care;
9. guardian of a person declared incompetent by a court;
10. persons who have a wife (spouse) from among persons with disabilities of group I or II and group III, established due to cancer, absence of limbs (limbs), hands (hands), feet (feet), one of the even organs, or if a person with a group III disability has cancer, mental disorder, cerebral palsy or other paralytic syndromes;
11. having one of their parents with a disability of group I or II or one of the parents of their wife (spouse) from among persons with a disability of group I or II, provided that there are no other persons who are not liable for military service and, in accordance with the law, are obliged to support them ( excluding cases where such persons themselves are persons with disabilities, require constant care, are under arrest (not counting house arrest), or are serving a sentence of restriction or imprisonment). In the absence of persons not liable for military service, only one of the persons liable for military service at the choice of such person with a disability can provide care for a person with a disability of group I or II;
12. family members of the second degree of kinship of a person with a disability of group I or II, engaged in constant care for her (no more than one and in the absence of family members of the first degree of kinship or if family members of the first degree of kinship themselves need constant care based on the conclusion of the medical and social certificate). expert commission or medical advisory commission of a healthcare institution). In the absence of family members of the first and second degrees of kinship, the norm of this paragraph applies to family members of the third degree of kinship of a person with a disability of group I or II;
13. women and men who have a child (children) under the age of 18 and a husband (wife) undergoing military service in 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”;
14. civil servants who prepare conclusions for draft regulatory legal acts, conduct their professional, scientific, legal examination and/or examination of adopted regulatory legal acts, civil servants directly performing the functions of ensuring cybersecurity, cyber defense and information technology security, work on software development, database administration, implementation and support of the latest information and communication technologies in the bodies supporting the activities of PU, ASU and CMU;
15. other persons liable for military service or certain categories of citizens in cases provided for by law.
16. applicants for vocational (vocational), vocational higher and higher education who are studying full-time or dual education and receive a level of education that is higher than the previously acquired level of education in the sequence determined by part two of Article 10 of the Law “On Education”, as well as doctoral students and persons enrolled in internship training;
17. scientific and scientific-pedagogical workers of institutions of higher and vocational higher education or general secondary education at their main place of work for at least 0.75 rates.
18. women and men whose close relatives (husband, wife, son, daughter, father, mother or full brother or sister) died or went missing during the ATO, Joint Forces Operation, full-scale invasion
family members (husband, wife, son, daughter, father, mother, full brother or sister) of persons who were posthumously awarded the title Hero of Ukraine for civil courage, patriotism, heroic defense of the constitutional foundations of democracy, human rights and freedoms, selfless service To the Ukrainian people, discovered during the Revolution of Dignity (November 2013 – February 2014)
19. Persons liable for military service who have not reached the age of 25 and have completed basic combined arms training or basic military service
20. persons liable for military service who served in the military and were discharged from service in connection with their release from captivity. Such persons can be called up during a special period only with their consent.
Persons with disabilities, as well as persons specified above in points 3-15, during the period of mobilization may be accepted for military service under a contract.
Today, when there is a war in the country, a legal aid during wartime is a guarantee that your rights will not be violated and lawyer in wartime during the war is extremely necessary. A military lawyer online legal advice during wartime and support in the TCC and JV, in order to timely prepare documents that give the right to postponement and avoid negative consequences that may arise in the absence of such documents.
