Publication date: 02.06.2024
Lawyer
Is permanent care for a disabled person of the 2nd group a condition for granting a deferment?
In the conditions of mobilization and general conscription for military service, many citizens are faced with the question of whether it is possible to receive a deferment. One of the reasons for obtaining a deferment is the provision of permanent care for a disabled person of the 2nd group. In this article, we will consider in detail what conditions must be met in order to receive a deferral on this basis, and why it is important to seek professional legal help in a timely manner.
Conditions for granting a deferment for the care of a disabled person of the 2nd group
The legislation of Ukraine provides for the possibility of receiving a deferment from conscription for military service for persons who provide care for a disabled person of the 2nd group. According to the law on mobilization, deferment is granted on the condition that there are no other persons who are not conscripted and, according to the law, are obliged to support the disabled person. However, the Cabinet of Ministers of Ukraine recently added an additional condition that complicates the process of obtaining a deferment.
New requirements of the Cabinet
According to Cabinet Resolution No. 560 dated May 16, 2024, in order to establish the fact of providing care for a disabled person of group 2, a conscript must provide the opinion of the medical advisory commission (MCC) of the health care institution about the need for constant care. This requirement was not provided for by the law on mobilization and, in fact, is an innovation of the Cabinet of Ministers, which adds additional difficulties for persons applying for a postponement.
The procedure for obtaining a conclusion
To obtain a conclusion of the LCC, a conscript must apply to the head of the executive body of the local council with a statement to establish the fact of providing care. The application is considered by a specially created commission, which may include deputies of the local council, representatives of executive bodies of local self-government and public organizations.
Based on the results of the review, the commission draws up an act establishing the fact that the person provided care. This act, together with the conclusion of the LCC, is submitted to the TCC for a postponement.
The importance of timely seeking professional legal help
A lawyer's consultation is necessary for successful completion of all stages of the deferment procedure. An online lawyer will help you correctly prepare all the necessary documents, provide a legal opinion on the compliance of your situation with the requirements of the law, and help you collect additional documents that may be required.
Timely application for the advice of a lawyer will avoid possible errors in the documents, which may become the basis for refusing to grant a postponement. An online lawyer will help you understand all aspects of your situation and ensure that your rights are properly protected in the event of an unjustified denial.
Conclusion
Obtaining a deferment for persons who provide care for a disabled person of group 2 is a complex process that requires proper preparation of documents and compliance with all procedural requirements. The Cabinet of Ministers has added an additional condition in the form of an LKK opinion, which complicates the procedure, but with the right approach and professional legal assistance, this task can be solved.
"Legal Marketplace Consultant" LLC offers professional legal support and consultations on all issues related to mobilization and military service. Our lawyers and legal analysis of the situation will provide you with the necessary support, help with legal opinion of a lawyer analysis of documents and ensure the protection of your rights in case of refusal to grant a deferment. Do not waste time - contact us for professional advice and legal assistance.
