Deferral of care for a disabled person

Legislation that intensified mobilization significantly transformed the legal framework around this issue. First, it was Law № 10449, which was adopted in April and came into force on May 18. Then, an additional reason for discussion was the Cabinet of Ministers' Resolution № 560, entitled “On Approval of the Procedure for Conscription of Citizens for Military Service during Mobilization and for a Special Period.” So, what did these two legal acts change? In fact, the changes affected more than 15 laws and bylaws in their previous version. Now, the issue of mobilization is regulated more strictly, and the list of grounds for postponement has been significantly narrowed.

How has the ground for caring for a person with a disability changed?

The key change is that caring for a person with a disability with whom a person liable for military service is not related is no longer a ground for deferment. Now it is impossible not to serve in the army for this reason, in principle. But even when it comes to a disabled spouse, parents (own or spouse's) or child, a much larger package of documents is required than previously.

No less significant were the changes related to the care of a wife with a group III disability. The deferral for those men whose wives have disability groups I and II is still in place. As for group III, this issue is regulated in more detail. The legislators have provided for a specific range of diseases for which the deferral is valid.

As practice shows, many of our clients have questions about whether something has changed in the procedure for deferral where this right is preserved. Yes, the procedure and the package of documents are more strictly regulated. Especially when it comes to the wife's parents. In this case, it will be necessary to prove that the wife is unable to care for her parents herself. Of course, this fact will have to be documented. This is possible when the wife herself has serious health problems (as confirmed by relevant medical reports), is missing or deceased.

What conclusion can be drawn from this?

Even where the grounds for deferral remain, their existence will become more difficult to prove. It is not always safe to interact with the TCC on your own, as there are cases of forced mobilization even when a person was entitled to a deferment. The situation can be even worse when a person liable for military service mistakenly takes the wrong document, thus not being able to confirm the grounds for the deferral. In this case, the person may be called up.

What does turnkey legal support for obtaining a deferred care plan for a disabled person entail?

When supporting such client cases on a turnkey basis, the team of Prikhodko & Partners Law Firm provides the full range of necessary services. We perform the following actions:

1. advise, answering all client questions;
2. guide the client in what package of documents is needed and help to collect it when the client needs high-quality legal support in cooperation with government agencies
3. provide physical escort to the TCC and JV, which makes it impossible for officials to exceed their authority.

Legal support in such matters helps to avoid unpleasant surprises, saving time and nerves. To get legal advice and understand your specific situation, please fill out the form on our website and our lawyer will contact you as soon as possible.