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The issue of issuing a postponement remains quite relevant today, since the Decree of the President of Ukraine “On extending the period of martial law in Ukraine” extended the period of martial law in Ukraine for another 90 days, and therefore the mobilization continues.
In connection with the latest changes in the legislation, namely in clause 11 of Art. 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, which in the latest version is stated as follows:
Conscripts who are not subject to conscription for military service during mobilization: “who have a wife (husband) from among persons with disabilities and/or one of their parents or the parents of a wife (husband) from among persons with disabilities of group I or II, provided that such persons with disabilities do not have other able-bodied persons obliged by law to support them”, many persons lost their right to deferment. And those who have reasons began to wonder how to exercise their right to postponement.
Considering the above, these changes significantly complicated the process of obtaining a deferment on this basis. This is due to the fact that it has now become more difficult to prove the absence of other persons who have the duty to take care of the parents, as required by the TCC and SP.
Thus, if there is a mother with a disability in the family, then, for example, the son who wants to receive a deferment will need to prove whether there are no other able-bodied persons obliged by law to support her.
In general, the duty of adult children to take care of their disabled parents is enshrined in Article 51 of the Constitution of Ukraine. According to the first part of Article 202 of the Family Code of Ukraine, adult daughters and sons are obliged to support parents who are unable to work and need financial assistance.
However, analyzing this norm, it can be assumed that not every disabled person needs financial assistance. In turn, confirmation of such retention can be a court decision or a notarial contract of retention or other written agreements.
The main task in obtaining a postponement on this basis is to collect relevant documents and write an application.
The most relevant and common question with which we are asked: “How to apply for a deferment and how to get it”? All these issues are explained in detail at the consultation.
Popular and most common problems in the loss of the right to postponement are cases when a person could not exercise his right in time because the person:
- considers that it is not necessary to prepare an application for obtaining a postponement;
- does not collect documents at all and does not notify the TCC and SP before receiving the summons;
- simply enters documents in the TCC without registering/fixing them.
Quite often, without consulting lawyers, people find application templates on the Internet or write them on their own, and many mistakes are made that affect the decision-making by the commission of the TCC and JV. Contacting lawyers increases the chance of correctly and reasonably preparing the application, taking into account individual criteria and family circumstances.
In order to understand in detail the issue of writing an application to receive a postponement of mobilization due to the presence of a parent’s disability, leave an application in the form below this text and receive comprehensive consultation and quality legal support from specialized lawyers of our company.