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Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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Case: Deferment for care of a father with a Group 2 disability

Reading time: 2 min.

Client: Anton, a conscript

Region: Kyiv

Problem: the need to obtain a deferment from mobilization due to constant care for the father, who has a Group 2 disability.

Desired result: receive an official certificate of care, apply for a deferment to Holosiivskyi TCC and JV, and view the data in the Reserve+ app.

Responsible lawyer: Lobunko Mykhailo

According to paragraph 9 of part 1 of article 23 of the Law of Ukraine “On mobilization preparation and mobilization”, persons providing permanent care for parents who require outside assistance have the right to a deferment.

In Anton’s case, the basis was the need to care for his father, who has a disability and requires constant assistance.

Stages of work

  1. Initial consultation and analysis of the situation
  • It was determined that Anton’s father has a disability and medical indications requiring full-time care.
  • We verified that there were no other family members who could provide care.
  • We provided instructions on updating his data in “Reserve+” and his military registration document to assess the risk of him being placed on the “Wanted” list.
  1. Preparing documents for Social protection
  • We collected medical documents confirming his disability and need for care.
  • We obtained a report from the medical qualification commission.
  • We prepared an application to the social security agency for the registration of a care certificate.
  • We accompanied Anton during the document submission process, ensuring their correct registration and review timelines.
  1. Obtaining a care certificate
  • We monitored the review of documents at Social protection.
  • We assisted with additional documentation as requested by the agency.
  • We ensured that a certificate of permanent care for the father was obtained.
  1. Registration of a deferment in the TCC and JV
  • We compiled a complete set of documents in accordance with Cabinet of Ministers Resolution № 560.
  • Anton and I submitted the application and documents to the Holosiivskyi TCC and JV.
  • We monitored the review process and ensured the data was entered correctly.
  1. Updating information in “Reserve+”
  • Following the commission’s positive decision, Anton was granted a paper deferment, and additional data was uploaded to Reserve+.
  • Anton’s data was automatically added to the app.
  • Lawyers verified the accuracy of the information and recorded the results.

Result

Thanks to legal assistance, the client successfully obtained a deferment from mobilization based on caring for his disabled father. The care certificate was properly completed, and the data was entered into the “Reserve+” program.

Recommendations from our team

  • Always update your information in “Reserve+” promptly to avoid problems with the TCC.
  • Remember that a complete list of all required documents, which a lawyer can help you prepare, is key.
  • Legal support will help avoid formal refusals and expedite the processing of documents.

If you need legal advice or assistance in obtaining a legal deferment from mobilization, submit a request on our website, and a lawyer will contact you shortly.

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Do any of your parents have a disability?

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