Law on exemption from mobilization of relatives of the deceased

Unfortunately, the full-scale Russian invasion caused many losses at the front, which do not stop even today. Therefore, more and more families are faced with the loss of relatives and the existential challenge of how to continue life. In view of this, the legislators provided exemption from the mobilization of the relatives of the deceased, so that situations do not arise when the burden of a double or triple loss falls on one family. We suggest that you familiarize yourself with what has changed in the legislative regulation of this issue in more detail. We will also tell you about services in the field of military law, which you can get if you contact the team of the Prikhodko&Partners law office.

What has changed in the current legislation?

Even before the changes adopted in August 2024, close relatives of the dead and missing defenders were not subject to mandatory mobilization. We are talking about the relatives of those who defended Ukraine both during martial law and during ATO/OOS. Previously, the list of such relatives, who are not subject to mobilization, included husbands and wives of the deceased, their full brothers and sisters, sons and daughters, grandfathers and grandmothers.

And so in August, new legislative changes were adopted. We are talking about draft law № 11319. It was supported by a total of 310 people's deputies. Therefore, the transformation of the mobilization legislation primarily affected the brothers and sisters of the victims. If previously only full-blooded brothers and sisters could use the right to deferment, now non-blooded people can also use this ground.

These changes were prompted by numerous requests from the public and feedback that some relatives of the deceased were discriminated against. For example, if two half-brothers die from one family, a mother or father faces the loss of two sons at once. Therefore, changes in the current legislation on mobilization were aimed at eliminating this discriminatory factor.

Legislation and the realities of its application

Legislative norms and the actual practice of interaction of conscripts with representatives of the TCC and SP often come into conflict. For example, numerous cases of forced mobilization, when neither the objective indicators of the health of conscripts nor the presence of grounds for postponement are taken into account, give cause for concern. Therefore, human rights defenders working in the field of military law currently have a lot of work to do.

In general, mobilization legislation has changed a lot since April 2024. We are talking about Law № 10449, which made changes to more than one and a half dozen other normative legal acts. In May, this law entered into force, and it was followed by the adoption of Government Resolution № 560. It was supposed to specify the norms of the law and their practical application at the applied level, but in some of its norms, these two legal acts collided. Therefore, in practice, questions often arise in which way to confirm the existing right to postponement.

Why should you contact us?

The lawyers of our law office regularly monitor all legislative changes and updates, offering clients high-quality legal services. When it comes to the field of military law, you can turn to us for such services as:

1. Consultations. Unfortunately, there are a lot of unreliable materials about mobilization on the Internet. Some of them present the situation distorted in terms of intimidation in order to increase the number of views. Others provide insufficiently high-quality analytics on the actual application of legal norms in practice. In view of this, a person who does not have professional legal knowledge gets lost in such a flow of information and often does not know how to act. Instead, a consultation with a qualified specialist will give you an opportunity not to engage in an independent search for the necessary information, sifting through various legal norms, but to learn the specific legal information that will be appropriate in your situation.
2. Legal support. This includes, among other things, the physical escort of conscripts to the TCC and SP. This service makes it possible to avoid the excess of authority by officials, as well as force mobilization as an extreme option for the development of events. When a competent legal expert is by your side in such a situation, it greatly increases the chances of a truly constructive interaction with representatives of the TCC.
3. Representation in court. If other legal tools have failed, protecting your rights and legitimate interests in court will be a reasonable choice. This method of influencing the situation continues to be one of the most effective.

Client requests related to postponement of mobilization and demobilization make up a large percentage of cases with which the lawyers of our law office work. The grounds for postponement change regularly, so we regularly monitor legislative transformations in order to help clients who apply effectively. Fill out the form on the website and our lawyer will contact you shortly.