INDEPENDENT EDUCATION OF A CHILD AS A GROUND FOR DELAY DURING MOBILIZATION

According to paragraph 5 of part 1 of article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", women and men who independently raise a child (children) under the age of 18 are not subject to conscription for military service during mobilization, but may be conscripted for military service with their consent.

The right to exemption from conscription can be exercised by submitting an application for postponement of conscription with the addition of all necessary documents confirming the relevant grounds.

The application must be submitted to the appropriate territorial recruitment and social support center at the place of military registration. Such an application can be submitted both when conscripts receive a summons and when it is necessary to obtain a mark of the territorial recruitment and social support center in the military registration document when traveling abroad.

At the same time, we advise you to apply for such a statement without waiting until, for one reason or another, you have to visit the territorial recruitment and social support center in order to prevent mobilization cases in the future, if there are actually grounds for obtaining a postponement.

Based on the results of the examination of the application, a certificate of deferment is issued on the specified basis and/or a corresponding stamp is placed in the military registration document.

We emphasize that the right to postponement of conscription based on Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" can be used only until the moment of acquiring the status of a military serviceman. After the draft, it will be too late to apply for a postponement during mobilization and enlistment in the personnel of the military unit. At this stage, it is necessary to apply the grounds for dismissal from military service, 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".

The law does not explicitly provide which documents confirm that only the father participates in the upbringing of the child. To confirm that the mother does not take part in the upbringing, which would give the father a reason to be considered as the one who independently raises the child up to the age of eighteen, it is possible to refer to the court decision on the dissolution of the marriage, in which the issue of the child's place of residence is simultaneously resolved, or to obtain the corresponding opinion of the guardianship authority and care.

Therefore, in order to receive a postponement of mobilization on the specified basis, it is necessary:

• apply to the territorial recruitment and social support center;
• add all the necessary documents that confirm the existence of the specified basis;
• the application with attachments must be registered in the territorial center of recruitment and social support;
• the commission of the territorial recruitment and social support center makes a decision on granting a postponement.

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