GROUNDS FOR POSTPONEMENT FROM MOBILIZATION: DISABILITY OF THE WIFE

According to Paragraph 11 of Part 1 of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", conscripts who have a spouse from among persons with disabilities are not subject to conscription for military service during mobilization, but may be conscripted for military service with their consent .

Please note that the Law does not specify which group of disability must be established, which allows us to conclude that both the first, second and third group of disabilities of the wife give the right to receive a postponement of the draft during mobilization.

In order to exercise your legal right to receive a postponement of the draft, you must apply for a postponement, attaching all the necessary documents confirming the relevant grounds.

The application must be addressed to the territorial recruitment and social support center where the conscript is registered. We advise you, if there is such a reason, to apply to the appropriate territorial center of recruitment and social support in advance, without waiting for the mobilization process to begin for you.

If there are grounds for postponement, a mark is placed in the military registration document of the conscript and/or a certificate of postponement is issued.

Please note that the right to deferment of conscription based on paragraph 11 of part 1 of article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" can only be used until you have been mobilized. It will be too late to apply for a deferment after you have already been mobilized, as your status will change to a military serviceman. At this stage, the grounds for dismissal from military service should be applied, which are defined by subparagraph "d" of paragraph 2 of part 4 of Article 26 of the Law of Ukraine "On Military Duty and Military Service".

We emphasize that it is not enough to apply only with an application for a postponement, stating a specific reason in the text, it is necessary to also add relevant supporting documents. Yes, to confirm the existence of such a reason for granting a postponement of conscription for military service during mobilization as the presence of a spouse with a group of disabilities can be:

• a copy of the marriage certificate,
• a copy of the MSEK certificate on establishing a disability group for the wife,
• a copy of the ID card with a disability.

The more documents you attach to the application for deferment, the more likely it is that you will be granted it immediately. In addition, although it is not required by law, it is better to notarize the documents that confirm the existence of a basis for granting a postponement.

Contact JSC "Prikhodko&Partners" for professional legal assistance in determining in each specific case the existence of certain grounds for obtaining a deferment from conscription for military service during mobilization and obtaining qualified assistance in the preparation of relevant documents.