Can a disabled person of group 2 be mobilized?

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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Can a disabled person of group 2 be mobilized?

Reading time: 3 min.

Today, the topic of disability and mobilisation is quite controversial. And the question arises: can a disabled person of group 2 be mobilised?

There is no clear answer to this question. Let's take a closer look in this article. 

What does the law say?

Almost every citizen has already read the Law of Ukraine "On Mobilisation Preparation and Mobilisation", which contains a list of grounds for deferring mobilisation.

And the question arises: if you are on this list and are entitled to a deferral, what to do next.

 

Therefore, this list does contain a ground for deferral that applies to disabled persons. Namely, disabled persons of all groups, regardless of whether they are in the first, second or even third group, are currently entitled to a deferral.

However, if a person does not want to exercise his or her right to be exempt from mobilisation, he or she may agree to voluntary mobilisation, and thus be mobilised. 

If you have a disability and still do not want to be subject to mobilisation, the main task for you is to inform the military commissariat of the existence of such a circumstance and request to exercise your right to be exempted from mobilisation.

It's worth remembering the following?

However, it should be understood that if a person has been mobilised, he or she will not be able to be dismissed on the grounds of disability. Since even disabled persons of group 2 can perform certain functions as limitedly fit, they can serve in rear units or perform work that does not contradict their health condition.

One of the decisions of the Poltava District Administrative Court № 440/11102/22 concerning the illegal mobilisation of a disabled person of group 2 dismissed the claim. 

The case was about a citizen with a second disability group who decided to voluntarily agree to mobilisation due to the Russian invasion of Ukraine, and a year later, filed a lawsuit claiming that he had been drafted in violation of the draft procedure during mobilisation, without undergoing a military qualification examination and had no right to be drafted at all. 

A few months later, the serviceman underwent a military medical examination and was found to be of limited fitness and thought he was going to be dismissed. 

Therefore, the court concluded that the claims for recognition of the Poltava District MCC's unlawful inaction and cancellation of the mobilisation order were unfounded and should not be satisfied.

Get advice from a lawyer on mobilisation
 

And given that there is currently no such ground for dismissal on the grounds of disability, this serviceman has no right to resign. If you still have questions, you can contact a military lawyer who will help you understand your situation, offer options for resolving it and the possibility of a certain alternative.

The best advice is to seek advice early to prevent problems in the future. Fill out the form on our website and our lawyer will contact you shortly.

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