Can they mobilize if there are parents or spouses with disabilities?

Currently, the war with the enemy and, accordingly, martial law continues in the country. Based on the current legislation, conscripts between the ages of 18 and 60, provided that they are considered fit due to their health, may be called up for military service.

However, it is worth noting here that according to Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization", there are a number of reasons that provide a postponement of mobilization. The grounds are diverse and start from unsuitability for military service due to health, ending with studies at a higher educational institution. Each of the grounds for postponement requires proper registration and notification of Territorial Center of Procurement and Social Support.

Speaking about the current changes in the legislation on the postponement, it is worth noting that on August 1, 2023, the mobilization rules will be slightly changed in Ukraine. The Verkhovna Rada of Ukraine expanded the list of persons subject to mobilization. The innovations will affect people who have relatives with disabilities.

Previously, a deferment was granted to conscripts who had a spouse with a disability and their parents or a spouse (husband) with a disability of the I or II group.

However, now the postponement is granted only if there are no other persons in the family of the conscript who could take care of a person with a disability. The norm of the article now sounds like this:

who have a wife (husband) from among persons with disabilities and/or one of their parents or parents of the wife (husband) from among persons with disabilities of the I or II group, provided that such persons with disabilities do not have other able-bodied persons, shall required to keep them in accordance with the law.

However, there is also a nuance here. The duty of other able-bodied persons to take care of one of the relatives of a conscript arises only if there is a need for financial assistance. That is, if this financial aid needs to be provided. And if there is no need for material assistance, then, accordingly, the obligation to care does not arise.

In fact, the above-mentioned changes have made it quite difficult to obtain a deferment on this basis, because proving to the Territorial Center of Procurement and Social Support the absence of other persons who are obliged to support parents or spouses with disabilities is much more difficult than simply proving the presence of the above-mentioned relatives. Quite often, the Territorial Center of Procurement and Social Support simply do not approve the documents provided to conscripts, with which they try to confirm the absence of persons who can support close relatives.

In order to correctly issue a postponement on this basis, you need to submit an application to the Territorial Center of Procurement and Social Support, which substantiates the grounds for exemption from mobilization. It is advisable to add notarized copies of documents that would confirm the above to the application. If it is not possible to notarize the documents, you can send an application with the original and a corresponding copy to the Territorial Center of Procurement and Social Support.

Based on the above, it should be understood that getting a postponement from mobilization due to the disability of relatives is a rather difficult test that requires careful preparation, since the realization of the right to postponement must be supported by a thorough set of documents. In this case, you should contact a qualified specialist who will protect your rights and help you not lose your right to receive a deferment from mobilization.