Do they mobilize if the wife is disabled?

Care and concern for a loved one is an important component of a relationship. Yes, if a husband has a wife with a disability, he must take care of her. Care and support are important aspects of any healthy and harmonious relationship. Depending on the disability, the wife may need physical assistance in everyday activities. A man can provide assistance with personal hygiene, movement, cooking, cleaning, etc. Help with arranging medical care, doctor visits, physical therapy, and other forms of care can also be an important aspect of caring for a spouse with a disability.

Therefore, the question of mobilizing husbands in case of wife's disability is quite popular.

Therefore, in accordance with the Law of Ukraine "On Mobilization Training and Mobilization", conscripts who have a spouse (husband) from among persons with disabilities are not subject to military service during mobilization.

Jurisprudence as such has not yet been formed on this issue, but at least some court decisions are already appearing. Let's analyze one of these solutions.

The Claimant appealed to the Ternopil OAS due to the fact that the Sixth Department of the Ternopil Regional Territorial Center for Staffing and Social Support did not grant a deferment to military service during mobilization, justifying it by the fact that the Claimant does not have such a reason.

In turn, the Ternopil District Administrative Court issued decision № 606/373/23 dated May 30, 2023, considering in written proceedings according to the rules of simplified legal proceedings an administrative case on the claim of a conscript to the Sixth Department of the Ternopil District Territorial Center for Staffing and Social Support on granting postponement of military service during mobilization.

Analyzing part 1 of Article 23 of Law № 3543-XII, it can be concluded that conscripts who have a spouse (husband) with a disability are not subject to conscription for military service during mobilization. This conclusion is based on a systematic, substantive and syntactic analysis of the specified part of the law.

The legislator uses the conjunctions "and/or" to indicate that both conditions - the presence of a wife (husband) with a disability, regardless of the disability group, and the presence of one of the parents or parents of the wife (husband) with a disability of group I or II - can be applied both separately and simultaneously for deferment from military service.

Therefore, this law provides grounds for deferment from military service for conscripts who meet the specified conditions.

Thus, the court came to the conclusion that there are grounds for exemption from conscription for military service during the mobilization of the plaintiff on the basis of part 1 of Article 23 of Law № 3543-XII, since his wife is a person with a disability (in this case, group III).

• So, summing up, the answer to the main question, can they mobilize if the wife is disabled?

In fact, they can. However, if you provide the relevant documents to the TCC and confirm that you are entitled to a deferment, you are entitled to receive it.

If you have any questions or need the help of lawyers on military law, contact the specialists of the Prikhodko&Partners law firm. Our experience and knowledge of the legislative framework will be useful to you when a variety of issues arise.