INDEPENDENT EDUCATION OF A CHILD UNDER 18 YEARS OF AGE, AS A GROUND FOR RECEIVING A DEFERMENT FROM CONQUISTION FOR CONDUCT

According to the provisions of the fifth paragraph of the first part of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" (hereinafter also the Law), conscripts are granted the right to receive a deferment from conscription for military service during mobilization due to the fact that they independently are raising a child (children) under the age of 18.

We draw your attention to the fact that the Law does not specify that such a minor child (under the age of 18) must necessarily be a native child of a conscript, which makes it possible to assert that it can be both a native child and an adopted one, because the determining factor the factor, in this case, is the very fact of raising such a child.

In order to receive a postponement of conscription for military service during mobilization, it is necessary to apply with a corresponding application to the territorial recruitment and social support center (hereinafter - TCC and SP), in which the conscript is on the military register. All available documents confirming the fact of independent education of a child under the age of 18 are attached to such an application.

In the event that a conscript has the above-mentioned grounds for receiving a deferment from conscription for military service during mobilization, the latter must necessarily apply to the TCC and SP in order not only to avoid his illegal mobilization (after all, without notifying the TCC and SP about the existence of grounds for postponement, they will not objectively know about it), but also in order to implement the provisions of part 11 of article 38 of the Law of Ukraine "On Military Duty and Military Service" and subparagraph eight of paragraph 1 of the Rules for military registration of conscripts, military service of conscripts and reservists, approved by the Cabinet of Ministers of Ukraine Resolution № 1487 dated December 30, 2022, the obligation to notify the TCC and SP about changes in marital status and the existence of grounds for postponement of conscription for military service during mobilization.

The provision of a deferment from conscription for military service to a conscript during mobilization must be indicated in the military registration document and a corresponding certificate must be issued stating the existence of grounds for deferment in accordance with the provisions of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization".

The documents confirming the existence of a military conscript, who independently raises a child under the age of 18, grounds for obtaining a deferment from conscription for military service during mobilization must be:

• a document confirming the family relationship (in particular, a child's birth certificate);
• certificate of divorce with the mother of the child;
• court decision on divorce with the child's mother;
• about the deprivation of her parental rights and/or the conclusion of the body of guardianship and care that the mother has removed herself/does not participate in raising the child;
• other documents that give grounds for concluding that the conscript is raising a child under the age of 18 on his own.

Contact the "PRIKHODKO&PARTNERS" Law Firm and we will help you get a deferment from conscription for military service during mobilization in connection with the independent upbringing of a child under the age of 18.