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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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Case: Obtained a deferral based on the father’s disability (Group II)

Reading time: 3 min.

Responsible Lawyer: Diana Ternova

Service: Securing a deferral from mobilization

A person liable for military service contacted the law firm “Prikhodko & Partners.” He was potentially eligible for a deferral because his father has a Group II disability. The client was unsure if he had sufficient documentation and whether he could claim this exemption given his family composition.

Prior to contacting the firm, the client had not updated his military registration data, had not uploaded his military registration document to the “Rezerv+” app, and was unaware of whether he was listed as “wanted” or what potential issues he might face.

How did the lawyer help the client achieve the desired outcome?

Diana Ternova, a military law specialist at “Prikhodko & Partners,” conducted an initial consultation. She analyzed the client’s family circumstances, the documents regarding his father’s disability, and the circle of individuals legally obligated to support the father.

A deferral on these grounds is provided for under Clause 13, Part 1, Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization.” It is granted to individuals liable for military service who have a parent with a Group I or II disability (or a spouse’s parent with a Group I or II disability).

A mandatory condition is the absence of other individuals—who are not liable for military service—who are legally obligated to support the person with the disability. The law makes an exception for cases where such individuals themselves have a disability, require constant care, are under arrest (other than house arrest), or are serving a sentence involving restriction of liberty or imprisonment. If there are no individuals exempt from military service obligations available, one person subject to military service obligations may provide care for the person with a disability, at the latter’s own choice.

Obtained a deferral based on the father's disability (Group II)

During the analysis, the lawyer determined:

  • whether the client’s right to a deferral under this provision was substantiated;
  • which documents were missing and needed to be prepared;
  • whether the client was listed as “wanted” by the Territorial Recruitment Center (TRC).

How did the “Prikhodko & Partners” lawyer proceed?

After the analysis, Diana did not limit herself to a one-time consultation but provided the client with ongoing advisory support at every stage:

  1. She explained what data and documents were required and how to prepare them.
  2. She helped update the client’s military registration data and set up the “Rezerv+” app.
  3. She compiled a complete package of documents confirming the grounds for the deferral.
  4. She assisted with the submission of the deferral application.

Thanks to this support, the client did not have to navigate the legal regulations and document requirements on his own.

Result for the client

  • After the submitted documents were reviewed, the client was granted a deferral from mobilization under Point 13, Part 1, Article 23 of the Law.
  • Additionally, this enabled him to accompany his father abroad for medical treatment/recuperation. Book a consultation with a lawyer

 

This case demonstrates that while the right to a deferral based on a parent’s disability often exists, clients frequently fail to exercise it due to uncertainty—specifically, not knowing which documents are required or how to prepare them. Before contacting the Territorial Recruitment and Social Support Center (TCC & SP), it is advisable to verify family composition, the existence of other individuals legally obligated to support the person with a disability, the currency of military registration records, and the completeness of the document package.

If your father or mother has a Group I or II disability but you are unsure whether you qualify for a deferral, start with a legal analysis of your situation. The military lawyers at Prikhodko & Partners provide comprehensive support for obtaining a mobilization deferral.

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