Act of establishing the fact of care for deferment

The Law of Ukraine "On Military Duty and Military Service" provides a list of persons who, under martial law, may receive a deferment from military service. This includes those liable for military service who care for their relatives. To confirm this fact, it is necessary to draw up an Act of Establishing the Fact of Carrying Out Care. It is the basis for the deferment. If you need advice or support from a military lawyer, you have come to the right place. The team of the law firm "Prikhodko & Partners" includes specialists in military law who are ready to help you with such requests efficiently and competently, so that you can properly confirm your right to a deferment.

Legislative justification for the deferment

Part 1 of Article 23 of the Law “On Mobilization Preparation and Mobilization” states that those military personnel who are actually caring for sick parents, spouse (or husband), child or other relatives who need such care, and who do not have other relatives who are able-bodied, are not liable for military service and must provide this care, have the right to apply for a deferment from military service during mobilization during martial law.

To confirm the fact of care, you should draw up and provide the representatives of the TCC and JV with the relevant Act, which was already mentioned above. Let us touch on the issue of how to draw up the mentioned document in more detail.

The procedure for registering the act of establishing the fact of care

So, first you should contact the local government or the court. The document can be issued by the village, town or city council at the place where the person providing care lives. If the authorized representatives of the local council refuse to draw up a report or official confirmation should be provided, the applicant has the right to apply to the court with a corresponding statement. The fact of care will be established in court.

An important step on the way to drawing up the Act is collecting evidence that the person really needs care, and the relative liable for military service provides it. The evidence base for such cases is as follows:

1. Medical certificates recording the health status of the person requiring care. This is the conclusion of a medical commission.
2. Documents confirming family ties. If at the beginning of a full-scale invasion it was possible to formalize care for a stranger as a basis for a deferment, then as of today this has long been irrelevant. A person liable for military service must be related to the person he is caring for.
3. Extract from the register of the place of residence. This document is necessary to confirm actual cohabitation. If the persons do not live together, it will be impossible to draw up the Act, because in this case it will be unclear to representatives of authorized bodies how permanent care can be provided when people live separately.
4. Written testimony of neighbors or other persons. Such evidence reinforces everything that was listed earlier.

Once the evidence base has been collected and provided, the next step is to directly draw up the act. Authorized representatives of the local government draw up the act with the participation of witnesses (for example, neighbors) who can confirm the fact of the actual care. If the document is drawn up through the court, then it is the court decision on establishing the fact of care that will become the basis for the deferment.

The final stage is the submission of documents to the territorial recruitment and social support center. The act of establishing the fact of care is submitted together with other documents stipulated by the norms of the current legislation and an application for a deferment. The decision on granting a deferment is made by the head of the TCC and JV.

Thus, the Act of Establishing the Fact of Carrying Out Care is an important document that must be completed to obtain a deferment from conscription. Its execution requires the provision of evidence and appropriate confirmation by local authorities or the court.

It is important to take into account the fact that the decision on deferment is made by authorized representatives of the TCC and JV based on the documents provided. Therefore, it is necessary to correctly draw up all the materials that you are preparing to confirm the existence of grounds for deferment from military service during mobilization.

To avoid possible refusals or problems with the deferment, we recommend that you consult with a military lawyer in advance. You can do this by filling out the feedback form on our website. After that, the lawyer will call you back.