Publication date: 01.06.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
In this article we will talk about the sensational order CMU № 560, which everyone is so actively discussing and how it will affect those who, in order to obtain a deferment from the draft, need to formalize the care of a disabled person. How to get the act of care now, according to the new rules.
How to get the act of care for a disabled person under the new rules
Actually, we come to the main question of our article.
Previously, there was no single form of the act of establishing the fact of your care for a disabled person. And the reference to this act was only in the Rules for traveling abroad, i.e. in the CMU Resolution No. 57.
It was quite possible to get this form for traveling abroad and then use it in the military enlistment office.
But some local authorities refused to issue the act with the reasoning that it was only for traveling abroad.
Now they will not have such a possibility of refusal.
And if they answer you that this act is only for traveling abroad, you show the annex to the resolution of the CMU № 560, where you show the form of this act, and already clearly provided for the military enlistment office. And say that you want this.
Everything is simplified in this matter.
But the rest of the process only becomes more complicated.
If one reads the provisions of CMU Resolution No. 560 literally, it is unclear where to apply for these acts. As of the moment of recording this video, neither local authorities nor military enlistment offices give a clear answer to this question. They do not know yet. But I think in the near future this will change, there will be some practice and I will sanctify it.
And there aren't really that many options here. So I suggest we go step by step.
First, apply to the local authorities directly (village council, town council, city council, RDA of your city district) with an application for issuance of the act of establishing the fact of care in the form according to the annex to the resolution of the Cabinet of Ministers of Ukraine No. 560.
Sometimes these functions can be transferred to the USSPA. It is possible that in some cases these functions will be assigned to the CNAP.
Everything is done at the place of registration of the disabled person or at the place of his registration as a GPO.
And if somewhere they tell you that you should first go to the military enlistment office, and only then to us, then demand a written answer that they do not issue acts without the military enlistment office. And go to the military enlistment office.
In fact, it is not clear how the process will go - you will apply to the military enlistment office with an application for issuance of the act or with an application for deferment to the military enlistment office, and they will initiate the process of its issuance through the local authorities, or the local authorities will take the documents from you and coordinate everything with the TCC and SP.
But you do not have to get involved and get into these bureaucratic internal procedures.
It is important for you - you came to the local authorities to submit an application for issuance of a deed. If it is accepted - good, let them consider it and issue the act. If not - let them write a written answer that it is not to them, but to the TCC.
If they send you to TCC and SP for issuance of the act, I recommend to send an application for issuance of the act with all the list of documents attached to it by certified mail in advance.
You can also submit in parallel and application for deferment from mobilization, with a written, preferably notarized statement of your relative that he chose you, but so far without the act. And all this valuable with an inventory and courier delivery. It is possible to withhold the application for deferral, here you will have to see how the practice goes.
Then you are in the TCC to submit an application for issuance of the act and the application for deferral in person. And have with you originals and copies or, at your discretion, you can notarized copies of all attached documents.
And submit additionally, after the mail, these documents in person.
For what you need mail you ask - to fix the filing of documents and for your insurance in case you go there, your documents do not want to see, there will be some conflict situation and will have to go to court. That's what the mail is for.
But you will not be able to get a postponement by mail. After the post office you will still have to go there with the documents.
Let's assume a situation that you came to the local authorities with an application for a care act. They sent you to TCC and SP. You took a written reply. You came and submitted the application to TCC and SP.
Then, if a week or two passes and some procedures to inspect your place of residence and issue you a care certificate start, everything is fine.
But if not and TCC finds a hundred reasons why this process should not be allowed - for example, you have a sister, or dad has a wife, etc. - or worse, you just filed an application and nobody does anything on it and the issue does not move, then I recommend to make a lawyer's inquiry, and at what stage the consideration of the issue of issuing me a care act.
If that helps and the process is moving, good.
If not - then make some alternative option of registration of care. For example, get the act of establishing the fact of care to travel abroad, or make a notarized contract for life maintenance.
Apply for a deferral with this alternative care arrangement. And with all the history of correspondence already recorded by you in advance that you tried to apply to them for the issuance of the act in the form according to the annex to the CMU Decree № 560, but they evade it. First valuable with an inventory of attachments and courier delivery by mail, then in person.
And wait for the decision on it.
If the decision will be negative - sign and receive with the words “I do not agree” and go to appeal in court.
If they try to send you to medical examination - refuse with the reasoning “I have applied for deferment, according to the provisions of the resolution of the Cabinet of Ministers of Ukraine No. 560 I am not subject to medical examination”. But let me remind you that if you do not have an up-to-date form of military registration document, the question whether you need to go to the medical examination is very controversial. If everything is fine with the military registration document, you can safely not go to the medical examination.
If they try to hand you a summons to send you to the war, you refuse to sign it, demand to draw up an act of refusal to sign, where the reason for the refusal you indicate: “I have the right to deferment, I have submitted an application, TCC has notified about it”. After that you turn around, leave, you are not going to appear anywhere and go to appeal in court.
I very much hope that this process of issuing a resignation certificate under CMU Resolution No. 560 will somehow be normally regulated in practice.
But you need to be prepared for any turn of events. Both good and bad, and be prepared to prove your point of view in court.
Escort at the territorial recruitment and social support center is actual nowadays, fine for failure to appear at the military commissariat is rather big, hiding from the military commissariat is not a good idea and legal support at the military commissariat needs everyone.
