How to get a deferment from mobilization due to relatives’ disability?

Disability of relatives is one of the reasons for receiving a deferment from mobilization in wartime. But in practice, everything is not so simple, since it is important to understand who exactly can get a deferment and how to realize this right.

Paragraph 11 of Art. 23 of the Law of Ukraine "On Mobilization and Mobilization Training" indicates that persons who have relatives with disabilities can use the right to deferment, but on the condition that there are no other persons who can support disabled relatives.

Who belongs to such relatives?

• Parents of conscripts, if they have the first or second group of disabilities
• Parents of a conscript's wife or husband also in the presence of the first or second group of disabilities
• The wife or husband of a conscript, and the disability group does not matter.

How to confirm family relations with these relatives?

In this case, everything depends on the level of kinship, it can be a birth certificate or a marriage certificate, depending on which of the relatives has a disability group.

Everything is clear with this, but in practice a lot of problems and questions arise with how to confirm that there are no other persons who can support a disabled person. Unfortunately, there are currently no bylaws. This allows the TCC and SP to determine at their own discretion how to confirm this fact, which in turn causes a lot of abuse.

After all, there is no official document stating that a disabled relative has no other children. And therefore, the requirement of the TCK and the SP to provide certificates from local councils or extracts from the National Register of Citizens' Association on the absence of other children is illegal and illogical.

What documents must be submitted to receive a deferment on this basis?

• Application for deferment in connection with the presence of disabled relatives
• Copy of identity document (passport)
• A duly certified copy of a document confirming family ties with a disabled relative
• Duly certified copy of MSEC or pension certificate of a disabled relative
• Other documents that can confirm the absence of other persons who can support the disabled person. These can be certificates of joint residence of a disabled person and a conscript, a notarized statement of a disabled person that he has no other dependents, etc.

It is worth emphasizing that the concepts of "care" and "maintenance" should not be confused. "Caring" for a person who needs it, including a disabled relative, is an independent reason for granting a deferment. And "maintenance" is only the provision of material assistance to a disabled relative.

Therefore, the postponement of mobilization due to the disability of relatives today raises a lot of questions. After all, it is quite problematic to implement this right to postponement in this situation. Therefore, in each individual case, it is worth using legal assistance and the advice of lawyers in order not to lose your legal right to receive a deferment from mobilization.