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One of the most common reasons for postponement of mobilization is the presence of a disability in the spouse of a conscript. Today, there is a lot of discussion about whether a conscript has the right to deferment if his wife has the third group of disabilities, but the presence of the 2nd group gives an indisputable right to deferment. But you need to be able to properly implement such a right.
The importance of a thorough package of documents for deferment
A basic package of documents for postponement of mobilization is important, as it helps the Territorial center of procurement and social support to objectively assess the reason for the postponement of the husband and make an informed decision. In the event that a husband has a disabled wife of the 2nd group, he has the right to postpone mobilization for the entire period until the wife has an established disability group. In other words, if the disability is set for one year, then the basis for postponement will also remain for one year.
To confirm this right, the husband must submit the following documents to the Territorial center of procurement and social support:
- A copy of the marriage certificate;
- A copy of the wife’s disability certificate;
- A copy of the wife’s individual rehabilitation program (if available).
It is worth noting that such copies must be duly certified, preferably notarized. Although there is nothing about this in the regulatory legal acts, one of the reasons for refusing to grant a postponement may be that the documents are not properly certified.
In addition, the husband can provide other documents that confirm that his wife needs care or maintenance. For example, it can be:
- certificate of receipt of compensation for care;
- copies of the birth certificate of joint minor children.
Thoroughly written statement
A well-written application is also essential in obtaining a deferment from mobilization. In the application, the husband must indicate the reasons for the postponement, as well as provide a list of documents that he provides to confirm these reasons. The statement must be written clearly and comprehensibly, without inaccuracies and errors. It is worth noting that it is necessary to clearly refer to the paragraph and clause of Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”. Because different points give different grounds for postponement and this requires a different package of documents.
The importance of legal assistance
The help of a lawyer can be useful in the case when a man wants to get a deferment from mobilization. A lawyer can help a man correctly prepare a package of documents for Territorial center of procurement and social support, as well as write a well-founded statement. In addition, a lawyer can advise the husband on mobilization and postponement.
Abuse of Territorial center of procurement and social support
Unfortunately, Territorial centers of procurement and social support often abuse their powers and deny men deferrals from mobilization, even if they are entitled to it. In such cases, the husband can appeal the decision of the Territorial center of procurement and social support in court.
To increase the chances of receiving a deferment from mobilization, a man should:
- Provide Territorial center of procurement and social support with a full package of documents confirming the grounds for the postponement.
- Write a well-founded statement in which he indicates the reasons for the postponement and lists the documents he provides.
- If the Territorial center of procurement and social support refuses the postponement, appeal the decision of the Territorial center of procurement and social support in court.
The help of a lawyer can be useful in all these cases. Fill out the form on the website and our military lawyer will call you.