Senior lawyer
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
Case: Registration of a deferment based on caring for a mother in the Holosiivskyi TCC and JV
The registration of a deferment from mobilization on the basis of caring for a person in need of constant care is one of the grounds provided by law, in particular in accordance with paragraph 13 of part 1 of article 23 of the Law of Ukraine “On mobilization preparation and mobilization”. This commentary examines an example of a successful registration of a deferment for a conscript based on an act on the implementation of constant care for the mother.
Client: a conscript who has sought legal assistance to obtain a deferment.
Region: Kyiv
Problem: the need to obtain a deferment from mobilization due to the need to provide ongoing care for a mother who requires outside assistance.
Desired result: Registration of permanent care and receipt of a deferment and entering the relevant data into the “Reserve+” application.
Responsible lawyer: Lobunko Mykhailo
According to paragraph 9, part 1, article 23 of the Law of Ukraine “On mobilization preparation and mobilization”, persons providing care for persons who require constant care have the right to a deferment. It is important that there should be no other persons in the family who are not subject to military service and who can provide such care.
In this case, the client had a mother who, according to the conclusion of the MAC, needed constant care due to her health condition. To confirm this fact, an act on the implementation of constant care was obtained, issued by the relevant social protection agency.
Stages of registration of deferment
- Initial consultation and situation analysis:
Lawyers conducted a consultation, during which it was established that the client had grounds for a deferment. The presence of grounds for obtaining a certificate of permanent care for the mother and other documents confirming the absence of other persons capable of providing care was checked. - Updating data in “Reserve+”:
At the time of the request, the client had unupdated data in the “Reserve+” application. Lawyers supported the process of updating data through the TCC and JV or an electronic account to ensure that the information in the “Oberig” registry was up to date and to avoid the “Wanted” status. - Preparation of documents for Social Protection:
Collection of medical documents
Helped the client collect medical documentation confirming the mother’s need for constant care
- Conclusion of the MAC on the health of the mother
- Medical certificates, extracts from the medical history indicating chronic diseases or restrictions that exclude independent care.
Confirmation of family composition:
Collected certificates on the family composition (for example, through the Administrative Service Center or local government bodies) to prove that the client is the only person who can provide care.
If there are other family members, checked their status (whether they are liable for military service or not) and prepared an explanation why they cannot provide care.
Consultation on the procedure at Social Protection:
Explained to the client the procedure for applying to the social security agency, the requirements for documents and the review period.
Prepared a template for an application to be submitted to Social Protection with a request to issue a certificate of permanent care.
Result: The client received a full package of documents and clear instructions for contacting Social Protection.
Submission of documents to the social protection of population
Drawing up an application
Prepared an application to the social protection agency (usually the social protection department at the client’s place of residence) with a request to issue a certificate of permanent care. The application contained:
- Personal data of the client and mother.
- Description of the grounds for care (link to medical reports).
- Confirmation of the absence of other persons who can provide care.
Package of documents
The following documents were submitted along with the application:
- Copies of passports and identification codes of the client and mother.
- Conclusion of the MAC on the need for permanent care.
- Certificate of family composition.
- Additional medical documents (if necessary).
Accompanying the submission
Accompanied the client during the submission of documents to Social Protection or submitted documents on his behalf (by proxy). Ensured that the documents were registered and received confirmation of acceptance of the application (registration number).
Result: Documents have been successfully submitted, and Social Protection has begun reviewing the application.
Obtaining a certificate of permanent care
- Monitoring the review period: We monitored the review status by contacting Social Protection by phone or through official requests.
- Troubleshooting: In the event of requests from Social Protection for additional documents or clarifications, we promptly helped the client prepare and submit them. We prevented unjustified refusals by checking the compliance of Social Protection’s actions with the law.
- Receiving the act: After a positive decision, Social Protection issued an act on the implementation of permanent care for the client’s mother. The document contained information about the client as a person providing care and confirmation of the mother’s need for permanent care.
Result: The client received an official document, which serves as the basis for issuing a deferment from mobilization.
Preparation of a package of documents
In accordance with the Appendices of the Resolution of the Cabinet of Ministers № 560, the necessary package of documents was collected, in particular:
- Application for a deferment.
- Certificate of permanent care for the mother (legal support was provided in advance regarding obtaining the certificate).
- Documents confirming the absence of other persons who can provide care (for example, certificates of family composition).
- Copies of the mother’s documents confirming her state of health (conclusion of the MAC, medical certificates).
- Military registration documents of the client.
Submission of documents to the TCC and JV
The package of documents together with the application was submitted to the territorial recruitment and social support center. The client passed the military medical commission under the supervision of lawyers and then an application for a deferment was submitted and it was monitored that the response was provided within the timeframes established by law. Lawyers accompanied this process to ensure correct execution and a quick response from the TCC.
Receiving a decision and updating “Reserve+”: after reviewing the application, TCC confirmed the client’s right to a deferment, all data was automatically pulled into “Reserve+”.
Features of the procedure
- Certificate of permanent care: This document is key to confirming the basis for the deferment. It must be issued by an authorized body and clearly indicate that one of the client’s parents needs permanent care.
- No other persons: The law requires documentary evidence that there are no other persons in the family who can provide care. This may be a certificate of family composition or other documents confirming the absence of such persons.
- Legal support: Having a lawyer facilitates the process, as it helps to avoid errors in the documents, speeds up the consideration of the application and protects against possible refusals by the TCC for formal reasons.
Recommendations for those liable for military service
- Updating your data in a timely manner: Make sure your data in “Reserve+” is up to date to avoid “Wanted” status or other complications.
- Collecting documents: Carefully prepare all necessary documents, in particular, the certificate of permanent care, medical reports and certificates of family composition.
- Passing the MMC: Even if you have grounds for a deferment, the MMC is mandatory for updating military registration documents.
- Legal assistance: Contacting lawyers with experience in military law (for example, a law firm) can significantly simplify the process and protect your rights.
- Checking the status: After receiving a deferment, make sure the information is displayed in “Reserve+” to avoid misunderstandings in the future.
Registration of a deferment from mobilization based on the act of permanent care for one of the parents is a real, but not simple process if all legal requirements are met. The key factors are the presence of the act, confirmation of the absence of other caregivers, updated data in “Reserve+”.
Legal support significantly simplifies this process, ensuring the correct execution of documents and protection from possible violations by the TCC and JV. If you need legal assistance in obtaining a deferment, fill out the form on the website and a lawyer will contact you shortly.
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