DELIVERY FROM CALL-UP TO MILITARY SERVICE: BASIS, AN AGED CHILD WITH GROUP I OR II DISABILITIES IS IN SUPPORT

In accordance with the eighth paragraph of the first part of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", the right to postpone conscription for military service during mobilization is granted, in particular, to men who are dependent on an adult child who is a person with a disability of the I or II group .

The determining factor in this case is the husband's maintenance of an adult child (who has already turned 18 years old) and who is a person with a disability of the I or II group. Moreover, it is not specified that such an adult child must necessarily be native, which allows us to conclude that he may also be adopted by a conscript.

In the event that a conscript has the above-mentioned grounds for receiving a deferment from conscription for military service during mobilization, it is necessary to apply to the territorial recruitment and social support center where the conscript is registered, with a corresponding application and attaching certain supporting documents.

Such documents should be:

• a document confirming the disability group of an adult child (reference to the act of inspection of the Ministry of Health and Welfare);
• a document confirming the family relationship with such an adult child;
• documents confirming the fact of maintenance of such a child.

Please note that such an adult child, who is dependent on a conscript, must be assigned the I or II disability group, which excludes the possibility of applying this ground in the case of the presence of the III disability group.

We recommend that, if you have such a reason for receiving a deferment from conscription for military service during mobilization, do not waste time, collect the necessary documents and contact the territorial recruitment and social support center. After all, there are rare cases when people are called up for mobilization who have one or another reason for receiving a deferment, because the conscript himself did not inform about the existence of such reasons. In addition, the notification of the territorial recruitment and social support center about the existence of such grounds is a direct obligation of the conscript, which is provided for by the Law of Ukraine "On Military Obligation and Military Service" and the Rules of Military Registration of Conscripts, Conscripts and Reservists, approved by resolution of the Cabinet of Ministers of Ukraine dated December 30, 2022 № 1487.

The fact that a conscript receives a postponement of conscription for military service during mobilization must be recorded in the military registration document and in the corresponding certificate issued by the territorial center of recruitment and social support.

If you have an adult child dependent on you who is a person with a disability of the I or II group, contact "Prikhodko & Partners" law company and we will help you get a postponement of conscription for military service during mobilization.