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In Ukraine, the general mobilization and introduction of martial law in connection with the invasion of Russia continues. Conscription for compulsory military service applies to men aged 18 to 60.
What is mobilization and who can be mobilized?
The concept of “mobilization” should be understood as a system of actions aimed at preparing the armed forces and state infrastructure for martial law in connection with extraordinary circumstances. However, this concept does not reveal the whole essence. Because of this, numerous questions arise that require clarification by lawyers.
A common question is whether it is possible to be released from mobilization legally. Therefore, it is possible to receive a postponement for persons who have health or family reasons. However, it should be understood that this list is exhaustive.
In this article, we will analyze the most common question: “Can you mobilize if your wife has a disability of the 3rd group?”.
It is necessary to start with the fact that the Law of Ukraine “On Mobilization Training and Mobilization” does not contain an indication about the disability of the wife of the third group. Thus, it is implied that the wife must be disabled regardless of the specification of the group. Therefore, opinions and statements that the 3rd group of disability is not suitable for receiving a deferment are erroneous.
However, if earlier it was possible to be sure that a conscript would not be mobilized if his wife had a disability of group 3, now it is necessary to take into account the changes regarding maintenance by other persons.
Because according to Article 51 of the Constitution of Ukraine, adult children are obliged to take care of their disabled parents. Also, according to Article 202 of the Family Code of Ukraine, adult children are obliged to support parents who are unable to work and need financial assistance.
However, in one of the court’s decisions, the Court came to the conclusion that the TCC and SP cannot unequivocally confirm the absence of able-bodied children of a wife with disabilities and generally exclude the possibility of having able-bodied children, for example, from previous marriages.
So, with the wording “they have no other able-bodied persons who are obliged by law to support them” many problems and questions arise that require clarification at the consultation of the relevant specialist. In order to avoid mistakes in processing the postponement and not to be immediately mobilized, we recommend that you prepare in advance, collect all the necessary package of documents, write a statement together with a lawyer and order the accompaniment of a lawyer at the TCC and JV.
How to issue a postponement?
In order to use the right to deferment from conscription for military service during mobilization, a person must present his military registration document and other documents to the TCC and SP.
On the basis of the analysis of these documents, the military authorities make a decision regarding the possibility or impossibility of granting a person a deferment from conscription for military service during mobilization.