Фото: Exemption from mobilization for parental care

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Kozyan Tatyana

Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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Exemption from mobilization for parental care

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In April, the legislation governing mobilization underwent significant transformations. More than 15 legal acts were amended. These changes were introduced by a new law, which is popularly known as the law on enhanced mobilization. Its provisions affected military registration, the right to deferment, and many other issues. And then, on May 16, 2024, Resolution №560 was adopted, which also greatly transformed the legal field. In particular, its provisions also affected the exemption from mobilization for parental care. If you are interested in a more detailed consultation on this matter, the lawyers of the Prikhodko & Partners Law Firm are ready to provide it - both in a live format in our office and online.

 

What does the law say about mobilization?

Paragraph 9 of Part 1 of the Law of Ukraine “On Military Duty and Military Service” contains a legal provision stating that persons engaged in the permanent care of a sick wife (husband), child and/or their father or mother (father or mother of the wife (husband) are entitled to a deferral. At the same time, the legal provision regarding the wife's or husband's parents is now relevant only in cases where the other spouse is unable to care for his or her parents. We are talking about situations where the other spouse

  • is recognized as being in need of constant care, and this is confirmed by the relevant conclusion of the MSEC;
  • has died
  • has been reported missing;
  • declared dead.

In addition, this reason for deferral can be used when the spouse's father or mother has no other able-bodied family members who are obliged and able to provide care. And it is quite obvious that the person's need for constant care must also be duly certified.

Amendments to the legislation have made the procedure for exemption from mobilization on this basis more stringent. It is no longer possible to care for a person with whom the caregiver is not related.

What documents are required to apply for a deferment?

The documents required include those that

  • confirm family ties;
  • confirm the need for permanent care for the person;
  • confirm the absence of other persons who could and would be obliged to provide such care.

In addition to all of the above, the act of establishing care is important.

What legal provisions regulate this?

The Government Resolution № 560 of May 16, 2024 has already been mentioned above. It approved the Procedure for Conscription of Citizens for Military Service during Mobilization for a Special Period. So, this document contains a new form of the act of establishing the fact of caregiving. To see it, see Annex 8.

 

How can we be of service to you?

The lawyers of the Prikhodko & Partners Law Firm specialize in client inquiries in the field of military law. We know how to help you effectively and offer services in the following formats

  • consulting, which will allow you to get answers to your questions
  • legal support in cooperation with the authorized state bodies and their officials (including physical escort to the TCC, which protects against arbitrariness)
  • representation in court.

We use all available legal instruments to protect the rights of our clients. For our lawyer to assess your chances of obtaining a deferment from mobilization on the grounds of parental care or other grounds, please fill out the form on our website and we will contact you shortly.

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Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

Contact now
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