How to get a deferment from mobilization if your mother is disabled?

In view of the recent changes made to the legislation, many people who have disabled people in their family have the question of whether they have lost the right to deferment or not, and how they can implement it.

Currently, according to the Law of Ukraine "On Mobilization Training and Mobilization", conscripts are not subject to conscription for military service during mobilization:

who have a wife (husband) from among persons with disabilities and/or one of their parents or parents of a wife (husband) with number of persons with disabilities of group I or II, provided that such persons with disabilities do not have other able-bodied persons obliged by law to support them.

That is, if there is a mother with a disability in the family, it will be necessary to prove whether there are no able-bodied persons obliged by law to support her.

This affects the fact that before the changes, if there were several conscripts in the family (if we talk about this reason, then several sons of a mother with a disability of group I-II), then all of them could exercise their right to postponement, and accordingly, it is now impossible to get a postponement for everyone at once.

• Is it possible to get a deferment if the mother has the III group of disability?

No, because it is not provided by law. The mother must have group I or II disability.

• Should children take care of their parents?

The duty of adult children to take care of their disabled parents is enshrined in Article 51 of the Constitution of Ukraine. According to the first part of Article 202 of the Family Code of Ukraine, adult daughters and sons are obliged to support parents who are unable to work and need financial assistance.

It should be noted that the person's incapacity for work is not established either in the conclusion of the MSEK or in the pension certificate of a person with a disability. Also provide information about the absence of a need for a person with a disability for financial assistance or support, which in turn excludes the presence of persons who are obliged by law to support a person with a disability.

However, the question of how to apply for a deferment and how to get it remains an urgent question.

• First, you need to write a statement in which you will outline the circumstances of the case with a corresponding reference to the legislation;
• Collect and notarize all necessary documents confirming the right to receive a deferment;
• Register the application upon submission to the Territorial Center of Procurement and Social Support;
• Wait for your documents to be considered and a decision to be made.

Obtaining a postponement in practice on the specified basis is a rather complicated procedure, which includes the need for a preliminary consultation and individual analysis of the situation. This is exactly what a specialist in the field of law can help with, who will provide guidance on the list of documents that will be needed. It will help you make an application and tell you how to submit it correctly. And will answer your questions if you still have doubts about your right to deferment.