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According to the provisions of paragraph 3 of part 1 of article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” (hereinafter – the Law), conscripts recognized in the established manner as persons with disabilities are not subject to conscription for military service during mobilization.
We emphasize that the Law does not stipulate which group of disability must be established for a conscript, which gives every reason to assert that both the first, second and third groups of disabilities of a conscript give the latter the right to receive a deferment from conscription guaranteed by the Law during mobilization.
The basis for obtaining the specified postponement is a personal application to the territorial recruitment and social support center with the appropriate application and the addition of documents confirming the disability of the conscript.
A conscript who has the status of a person with a disability must apply with such an application to the territorial recruitment and social support center, not only in order to avoid illegal mobilization in the future, but also in order to implement the provisions of Part 11 of Article 38 of the Law of Ukraine “On Military Obligation and Military Service”, the obligation to notify the relevant authorities, where they are on military registration, about a change in their state of health.
The fact that a conscript receives a deferment from conscription for military service during mobilization must be recorded in the military registration document, by making a mark, and sometimes by providing a special certificate, that the conscript has grounds for receiving such a deferment.
Also, it is worth paying attention to the fact that there are cases when a person is diagnosed with disability for a certain period of time, followed by its repeated passage. Therefore, the documents with which a conscript applies for confirmation of disability must be valid on the day of such application.
The right to a postponement of conscription for military service during mobilization on the basis of paragraph 3 of part 1 of Article 23 of the Law can be used only until the moment of your mobilization. If, for one reason or another, you were still mobilized, then the status of a person with a disability, in accordance with paragraph 2 of part 4 of Article 26 of the Law of Ukraine “On Military Duty and Military Service”, will not give you the right to be released from military service . In the specified norm, there is only one reason for dismissal from military service, which concerns the state of health of a serviceman, namely: on the basis of the conclusion (resolution) of the military medical commission on unfitness for military service with exclusion from military registration.
At the same time, it is necessary to understand that the presence of a serviceman with a group of disabilities does not lead to the latter’s automatic ineligibility for military service with exclusion from military registration. Such unfitness is established only by the military medical commission.
Contact the lawyers of Prikhodko&Partners JSC and we will help you prepare the relevant documents for receiving a deferment from conscription for military service during mobilization due to disability.