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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.
Deferment for family reasons
The postponement of mobilization for family reasons in Ukraine is the right of certain categories of citizens liable for military service not to be called up for military service during mobilization if there are grounds for a postponement.
The process may seem complicated, but knowing a clear algorithm of actions can greatly simplify it.
Here is a step-by-step guide to help you get a deferment:
- Find out if you fall into the categories that are eligible for a deferment.
- Write an application for a deferment of mobilization for family reasons.
- Collect and submit all the necessary documents.
- Pass a medical examination (if necessary).
- Receive a decision of the Territorial center for recruitment and social support: The Territorial center for recruitment and social support will review your application and documents and decide whether to grant or deny you a deferment. If you are granted a deferral, you will be
- provided with a confirmation.
Recently, the Law №10449 was adopted, which introduces a number of changes to the legislation of Ukraine on mobilization, including some changes to the grounds for obtaining a deferral from mobilization.
It is important to note that the postponement of mobilization for family reasons is not permanent. It must be periodically confirmed by submitting relevant documents to the territorial center for recruitment and social support.
Under the new regulations, the grounds for raising a child on their own have been specified. There is now a clear list of circumstances. However, it should be remembered that if the other parent returns to fulfill his or her duties or the deprivation of parental rights is canceled, the deferral loses its force.
The ground for disability of the wife has also been somewhat narrowed.
If we talk about the first or second group, there is no need to prove the absence of other persons or to have a certain disease, however, if we are talking about the third group of disability, certain restrictions have already been established regarding the disease for which the disability was granted.
There is a deferral for those servicemen who were discharged from the reserve due to their release from captivity. However, they can be called up for military service with their consent.
As for the grounds for parents with disabilities, if we are talking about several persons liable for military service in the family, a person with a disability, namely a father or mother with 1-2 disability groups, may choose one of the persons liable for military service to be entitled to a deferment from mobilization.
Another ground that has changed slightly is the guardianship of a person who has been recognized by a court as incapacitated. Now, it is not required that the person recognized as incapacitated be disabled.
As for education, there is also a nuance here, now the education must be consistent in order to receive a deferral. That is, the level of education must be higher than the previous one.
These are the most common rules covered in this article, but not all of them. So, if you have any questions or need legal assistance, please contact the military lawyers of Prikhodko & Partners, as each case is individual and requires a detailed study and approach. Fill out the form on our website and our military lawyer will contact you shortly.
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