Amendments to article 23 of the Law on mobilization

Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" regulates the issue of postponement of military service. It is worth noting that this article has been amended several times during the period of martial law.

It may be difficult for people who do not have professional legal knowledge in the field of military law to understand all the legislative innovations. The lack of specialized experience and lack of understanding of how certain legal provisions are applied in practice adds to the complexity. Therefore, a good solution would be to contact a military lawyer for whom working on client requests related to mobilization is part of their usual daily routine. You will find such specialists in the team of Prikhodko & Partners Law Firm.

What has changed in Article 23?

The grounds for postponement related to education and family circumstances have been changed several times. Additional requirements have been added so that disability of relatives, permanent care for them or postgraduate studies exempt from military service.

So, what has changed:

• Clause 1. An additional requirement for the grounds related to reservations was the introduction of the concept of "special military registration". The absence of a CMC or JV on the special registration will deprive you of the right to deferment.
• Clause 3. Parents with many children will now be eligible for deferral only if they have no child support arrears. If there is a debt for more than 3 months, the grounds will be lost.
• Clause 4. Specifies the circumstances when a man or woman with a child under the age of 18 is exempt from military service.
• Clause 9. In order for permanent care for a mother-in-law or father-in-law to be a ground for deferment, 2 new conditions have been introduced: the wife cannot provide care on her own (needs care herself, died or went missing) and there are no other relatives obliged to provide care.
• Clause 10. Regarding guardianship, there must be a court decision that a person is recognized as incapacitated and a guardian is appointed. Such a guardian will be entitled to a deferral.
• Clause 11 and 12. In case of a wife's disability, groups I and II remain unconditional grounds for the husband's deferral. As for group III, a specific exhaustive list of diseases has been established.

• Clause 13. A number of additional requirements have been introduced regarding the presence of parents who are persons with disabilities of group I or II (their own or their spouse's). If there are other non-military relatives who are legally obliged to support them, the grounds for postponement disappear (except for certain additional conditions). If all of the relatives who are to provide care are liable for military service, the person will choose who will provide such care.
• Clause 14. The ground of caring for other relatives has become even more complicated. It is no longer possible to care for a person who is not a relative in order to get a deferment.
• Clauses 16, 18, 19, 20, 22 and 23. A specific list of officials entitled to deferment is defined.
• Clause 1 of Part 3: Deferment for students is possible only if they have completed a consecutive degree of education.
• Clause 5 of part 3. A new ground for deferral has been introduced. It applies to family members of persons who have been posthumously awarded the title of Hero of Ukraine.

It is also worth mentioning part 5 of Article 23, which prohibits the drafting of persons under 25 years of age who have completed basic military training. So, as you can see, the content of the article has changed significantly in a large number of points.

How can we be of service?

The lawyers of the Prikhodko & Partners Law Firm offer their services in the field of military law in general and the issue of deferral from mobilization in particular. It is important to know that the mere fact of the grounds for postponement is not enough to guarantee avoidance of mobilization. It must be competently proved by providing the necessary package of documents to the CMC representatives. The requirements for them are provided for in the Appendices of the Cabinet of Ministers' Resolution No. 560, which was also adopted not so long ago. Our specialists know how to act to help clients in such matters.

To get legal advice on military law or to order legal support on mobilization issues, fill out the form on the website and our lawyer will contact you shortly.