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According to Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, there are certain categories of persons who cannot be mobilized.
One of them are persons who have relatives with disabilities, in particular a mother-in-law. Prior to the amendment of the specified article, such conscripts had an indisputable right to deferment, but as of today, there is a condition that in the absence of other persons, they are obliged to support their mother-in-law.
How to use the right to postponement if there is a mother-in-law with the II group of disability?
- Arrange for care. It is possible to implement this method if the mother-in-law’s MSEC certificate on disability states that she needs outside care or there is an available conclusion of the LCC about the need for outside care. It is worth noting that the process of registration of care is not easy and can last from one to several months.
- Prove that the conscript is the only person who supports the mother-in-law. This method is more realistic, but also requires a lot of effort. If the mother-in-law has other adult children, then it is not easy to prove that it is the son-in-law who is in military service who supports her, but it is possible under certain conditions.
Documents confirming the right to postponement
- Application for registration of postponement with a clear reference to the relevant paragraph of Art. 23 of the Law “On mobilization training and mobilization”.
- Notarized copies of documents confirming family ties (copy of marriage certificate, copy of wife’s birth certificate).
- Notarized copy of MSEC certificate and mother-in-law’s pension certificate.
- Documents confirming that it is the son-in-law who supports the mother-in-law and that he has no other persons who can do it. Unfortunately, the legislation does not specify exactly what these documents should be. As an option, it can be a notarized statement of the mother-in-law that she has no other persons who can support her.
In addition, you can seek help from a lawyer. A lawyer will help you correctly draft and present your interests in Territorial center of procurement and social support.
If the Territorial center of procurement and social support refuse to grant you a deferment, you can apply to the court to declare the decision to refuse the deferment illegal. In the claim, it will be necessary to indicate that your mother-in-law is a disabled person of the II group, and that you have the right to deferment from mobilization.
Here are some nuances that must be taken into account when deciding on the postponement of mobilization due to the mother-in-law’s disability:
- If your mother-in-law is unable to work, this is a reason to grant you a deferment from mobilization, regardless of whether she is a dependent.
- If you care for your mother-in-law.
If you can prove the existence of any of these nuances, you have a greater chance of receiving a deferment from mobilization.
Here are some of the benefits of having a lawyer help you:
- The lawyer has deep knowledge in the field of law and experience in solving legal issues.
- An attorney can help you avoid mistakes that could lead to negative consequences.
- A lawyer can represent your interests in court more effectively than you can yourself.
If you decide to seek the help of a lawyer, it is important to choose an experienced professional who has knowledge and experience in solving issues related to mobilization. To get advice or help from a lawyer, fill out the form on our website and our lawyer will contact you.