Package of documents for postponement

In May 2024, Government Resolution № 560 was adopted, which approved the Procedure for conscripting citizens for military service during mobilization, for a special period. Appendix 5 of this Resolution contains a detailed list of documents that are relevant for confirming each of the grounds for deferment that conscripts have in accordance with Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization". Let's consider some concrete examples.

Reserved employees

When it comes to this category of conscripts, their right to deferment is confirmed by a request from the head of the state authority or local self-government, enterprise, institution or organization where the person works. It is also important to know that such conscripts must be kept on a special register. If a person does not enter this register, he can be mobilized on general grounds.

Persons with disabilities

In this case, the following list of documents is relevant:

• reference to the act of inspection of the MSEK, which has the form prescribed by the current legislation;
• or a certificate confirming the existing status;
• or a pension certificate, which contains information on the appointment of a person for the appropriate social assistance;
• or a certificate regarding the receipt of benefits in the form specified by the Ministry of Social Policy.

Thus, there are a sufficient number of options for those documents with which you can confirm your status.

Parents with many children

For these categories of conscripts, it will be relevant to provide the following documents:

1. birth certificate of children, which contains information on paternity;
2. marriage registration certificate with a mother of three or more children;
3. court decision on divorce and further determination of the place of residence of children with a conscript;
4. a written agreement between the parents on the place of residence of the children;
5. agreement on the payment of alimony for children.

The exact list of documents will depend on the specific situation. Lawyers who specialize in military law often hear questions from their clients about whether having three or more minor children from different marriages is grounds for deferment. So, if a father with many children does not have arrears in alimony payments for a period of 3 months or more, he has a reason to defer military service during martial law.

Single parents of a minor child

This ground is relevant only if the child's mother has died, disappeared, is deprived of parental rights or is serving a sentence in places of deprivation of liberty. In this case, the list of documents will be as follows:

• a child's birth certificate, where information about paternity is indicated;
• a document that confirms the aforementioned information about the child's mother (for example, a death certificate or a court decision that she is deprived of parental rights);
• documents confirming that the father himself raises and maintains a minor child.

Today, the procedure for applying this reason for deferment from military service has become stricter. If earlier it was relevant for single parents without additional conditions, now it can be used only if the mother of a minor child is objectively unable to take care of her.

Guardians of a disabled person

Here it is necessary to provide the representatives of the TCC with a court decision that the person has indeed been recognized as incapacitated, and a conscript has been appointed as his guardian.

Norms regarding the mobilization of those who care for a person with a disability have also changed a lot. For example, guardianship of relatives with the I or II disability groups remained among the grounds for postponement. And if we are talking about the third group of the wife's disability, then everything has become more specific here. Yes, now a specific list of the wife's illnesses has been established, in which the husband will have the right to deferment. For example, among them is oncology or the absence of a hand or foot.

As for the rest of the grounds for postponement and the documents needed to confirm them, you can learn more about it during a consultation with a specialist in military law. You can meet experts of this specialization in the team of the Prіkhodko&Partners law office.

Why should you contact us?

Working in the field of military law regularly, we constantly monitor legislative changes and are the first to know about the specifics of their practical application. We can offer you both the consultation of a military lawyer and legal support in the TCC and JV. So we are well versed in how to help clients avoid conscription or other similar issues if they are eligible for martial law deferment.

It should be understood that even the existence of a reason for a postponement does not guarantee its receipt, if you do not confirm this reason properly.

So contact professional lawyers in time to help and support you along the way. You can order such services in the field of military law from us, such as:

1. consultancy;
2. legal support in interaction with TCC (including physical support);
3. representation in court if your rights are violated.

By contacting our company, you will receive advisory and practical support from lawyers who specialize in military law and mobilization issues. Fill out the form on our website and a lawyer will call you for an initial consultation.