During the mobilization of men who have parents with disabilities, the right to postponement applies. This also applies to cases where the wife's parents have the relevant disability status. This provision functioned during all two years of the full-scale war, but in the new law on mobilization, which the President has already signed, some clarifications were made to it. In this article, we will consider the innovations and changes that have taken place in the legislation.
Clarification of updated provisions.
Men can receive a deferment if they "have one parent with a disability of the I or II group or one of the parents of the wife (husband) from among persons with a disability of the I or II group, provided that there are no other persons who are not conscripted and, accordingly obliged by law to keep them."
Exceptions are cases when these persons themselves have a disability, require constant care, or are under arrest (except house arrest) or are serving a sentence in the form of restriction or deprivation of liberty. In addition, if none of the relatives who are not conscripted can take care of a person with a disability of the I or II group, this duty is assigned to only one member of the family from among the conscripts. The choice of this family member is made by a person with a disability.
The duty to support a person with a disability rests with adult children (except for full-time students under the age of 23) and a spouse.
The new rule confirms that a son conscripted into military service has the right to a deferment if the person with a disability, apart from him, has no other adult children and spouses (regardless of age). Also, a deferment is granted if all adult children and/or spouse of a person with a disability belong to the above-mentioned categories, which do not allow them to support a person.
If there are several persons among the conscripts
If a person with a disability has several conscripted children or a conscripted spouse (and at the same time there are no other non-conscripted persons), then this paragraph of the law applies: "If there are no other persons who are not conscripted and cannot provide care for a person with a disability of the I or II groups, the duty of maintaining this person is entrusted to one person from among conscripts, who is chosen by the person with a disability."
In practice, problems arise with how to make such a choice. This can probably be done by drawing up a notarized statement. It is possible that a different procedure will be provided for in the future resolution of the Cabinet of Ministers. However, it is important to use a lawyer who specializes in military law to resolve these issues.
Can a man who has a disabled father go abroad?
This issue is regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 57 "Rules for Crossing the State Border by Citizens of Ukraine".
According to paragraph 4 of clause 2-1 of these Rules, persons may cross the state border during a state of emergency or war if they accompany one of the parents or parents of the spouse (husband) from among persons with disabilities of group I or II to travel outside Ukraine. For this, it is necessary to have with you documents (notarized copies) confirming family ties and disability, as well as documents confirming joint residence (the declared or registered place of residence coincides with the place of residence of their parents).
Under such circumstances, a man has the right to go abroad with his father.
Legal analysis of the situation
Conducting a legal analysis is a key step in protecting your rights. The lawyer analyzes in detail all documents, contracts and other case materials to identify possible violations by the TCC and develop optimal strategies to protect your interests, including cases when it is necessary to obtain a postponement of mobilization.
Legal opinion - postponement of mobilization for the care of an elderly person
After conducting the analysis, the attorney provides a legal opinion that includes an assessment of your situation and recommendations for next steps. This may include filing a lawsuit, preparing complaints, or negotiating with TCC representatives. A legal opinion will allow you to understand the various possibilities for solving your problem.
The value of a lawyer's participation in the process, postponement of mobilization to care for parents
Obtaining a deferment in the presence of a parent with a disability is a complex legal issue that requires professional legal advice. Consultation on military law in this case allows you to determine the legal possibilities for obtaining a deferment from military service on the basis of the disability of the parents. A military lawyer or a military lawyer specializing in military law provides competent legal support, taking into account all the legal nuances and requirements for obtaining a deferment from mobilization to care for a relative.
Cooperation with the legal marketplace "Consultant"
Our lawyers are ready to help you issue a postponement of mobilization and protect your rights. Contact us for a consultation and we will find the best solution for your situation. Legal marketplace "Consultant" provides professional services and an individual approach to each client.
Legal consultation of individuals, postponement of mobilization to care for a relative
The first step in resolving any situation is consultation with a lawyer. Our experts analyze your situation, assess possible risks and provide recommendations on further actions. Professional advice will allow you to better understand your rights and receive a deferment from the army for the care of a disabled person of group 2.
Deferral from the army for care - the cost of the services of a lawyer
The cost of a lawyer's legal services aimed at obtaining a postponement of mobilization depends on the complexity of your case and the scope of work. We offer a flexible pricing policy that allows you to choose the optimal package of services according to your needs and financial capabilities. For detailed information on prices and consultation of a lawyer, please contact us.
Conclusion
In the context of the mobilization of men who have parents with disabilities, there is a statutory right to receive a deferment, which also covers cases with the disability of the parents of the wife or husband. Amendments to the new mobilization law regulate this process, including clarifying the requirements and conditions necessary to receive a deferment from military service. For detailed consultation, contact the legal service "Consultant". Where you will be provided with a list of services: get a deferment from mobilization, deferment from the army for care of the mother, deferment from the army for care of a disabled person, deferment from the army for the care of a disabled person 2 groups.
