Postponement from mobilization: care of a disabled person

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Kozyan Tatyana

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Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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Postponement from mobilization: care of a disabled person

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According to the Law "On Mobilization Training and Mobilization", a deferment from mobilization is granted to conscripts who: provide care for disabled persons of I or II group, provided that there are no other persons who can care for them.

Features

From the content of this norm, it can be seen that a combination of the following factors is required for the implementation of a postponement on this basis:

  • The need for constant care. It is about constant care. The fact that a person with a disability needs care can be indicated in the Medical and social expert commission certificate or in the conclusion of the Medical advisory commission.
  • Cohabitation of a conscript and a person in need of care.
  • Absence of other persons who can care.

 

To receive a deferment on this basis, a conscript must apply to the TSS at the place of military registration with an application for a deferment and documents confirming the right to a deferment.

Documents confirming the right to deferment from mobilization on the basis of caring for a person with a disability:

  • a certificate of disability;
  • an extract from the register of territorial communities about the place of residence of a person with a disability who needs care and a conscript;
  • a certificate of receipt of compensation for care (if it is assigned);
  • The TSS consider the conscript's application and the documents he submits and make a decision on granting or refusing to grant a deferment from mobilization.

The decision of the TSS can be appealed in court.

Postponement from mobilization on the basis of caring for a person with a disability is granted for the entire time while the need to care for a person with a disability continues.

Assistance of a lawyer

If you are conscripted and need a deferment from mobilization on the grounds of caring for a person with a disability, you can seek help from a lawyer. A lawyer will help you with the following issues:

  • will advise you on your right to deferment from mobilization;
  • will help you collect the necessary documents to receive a postponement of mobilization;
  • will represent your interests in Territorial center of procurement and social support;
  • will appeal the decision of the TSS in court, if necessary.

Legal assistance is a guarantee that you will receive a delay from mobilization on legal grounds.

 

Here are some tips to help you get a deferment from mobilization based on caring for a person with a disability:

  • Keep all documents that prove your right to deferment from mobilization. These can be documents that confirm the disability of the person you are caring for, documents that confirm that you are a member of their family, and documents that confirm that the person with a disability has no other people who can care for them.
  • Contact an attorney for advice as soon as possible. A lawyer will help you collect the documents correctly and prepare for consideration of your case in the TCC and JV.
  • Be prepared that it may take some time for your case to be processed. TCC and JV has the right to consider your application within 30 days.

If you follow these tips, it will be easier for you to get a deferment from mobilization based on caring for a person with a disability. To receive advice or legal assistance from a lawyer on military law, fill out the form on our website and we will contact you shortly.

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