A mother with a group 3 disability: mobilization

Active hostilities throughout Ukraine have been ongoing for more than 2 years to protect against the aggressor Russian Federation, and therefore the issue of mobilization of citizens to the Armed Forces of Ukraine remains relevant. Can a person be mobilized if he or she has a dependent mother with a third-group disability? The answer to this question will be provided by lawyers from Prikhodko & Partners Law Firm.

What is provided for by Ukrainian regulations?

At present, the Law of Ukraine “On Mobilization Training and Mobilization”, namely Article 23, states that men who are liable for military service in the Armed Forces of Ukraine are not called up for military service between the ages of 18 and 60 if they have a wife with a disability or if their own parents or their wife's parents have a disability.

In the context of the disability of the wife of a man liable for military service, we are talking about the third group.

And if we are talking about the mother or father of a person liable for military service or his or her spouse, the basis for the deferral is the presence of a disability of the first or second group. In addition, it is important to note that only one citizen (family member) is eligible for such a deferral, and he or she is legally obliged to support his or her parents or spouse's parents.

Thus, if the mother of a person liable for military service has a disability of the third group, which was established on the basis of a decision of the Medical and Social Expert Commission, this is not a legal basis for a deferral from mobilization for the period of martial law in the country.

What documents confirm the right of a citizen liable for military service to apply for a deferment?

If a person liable for military service plans to apply for a deferment from mobilization to care for a Group 2 disabled person from among close relatives, he or she must submit the following package of documents, namely:

• medical documents confirming the degree of disability of the person (e.g., a certificate from the Medical and Social Expert Commission or a pension certificate of a citizen, which indicates the appointment of social assistance for disability from the state, a certificate of receipt of various benefits for persons with disabilities, if the person is not entitled to receive pension payments or any other social assistance, etc);
• documents confirming the degree of kinship with a group 2 disabled person (e.g., birth certificate, marriage certificate, etc.);
• documents proving the absence of other able-bodied citizens who can provide direct care for a person with a group 2 disability;
• documents confirming the cohabitation of a person with a group 2 disability and a citizen who is a full-time caregiver.

Important! The current legislation does not require that the original documents be submitted to the TP and JV to apply for a deferral, and therefore, when providing copies of documents, it is recommended to notarize them to avoid any future conflicts with government officials.

If you still have questions about applying for a deferment for a mother with a third-group disability, be sure to contact the specialists at Prikhodko & Partners Law Firm.

Our team of lawyers not only understands the complex issues of mobilization of Ukrainian citizens for military service in the Armed Forces of Ukraine, but also helps our clients to obtain a deferral if there are legal grounds for this. Do not hesitate and come to us for a consultation!