POSTPONEMENT FROM MOBILIZATION DUE TO AMENDMENTS TO LAW № 9342

The most recent amendments to the Law of Ukraine "On Mobilization Training and Mobilization", introduced by draft law № 9342, which was signed by the President of Ukraine Volodymyr Zelenskyi on June 30, are quite noisy.

Actually, we are talking about the basis, which currently sounds a bit new and is set out in paragraph 11, part 1 of Art. 23 of the Law of Ukraine "On Mobilization Training and Mobilization", conscripts are not subject to conscription for military service during mobilization:

who have a wife (husband) from among persons with disabilities and/or one of their parents or parents of a wife (husband) from among persons with disabilities of the I or II group, provided that such persons with disabilities do not have other able-bodied persons, obliged in accordance with the law to keep them.

Thus, a conscript can be exempted from conscription only "in the event that persons with disabilities do not have other able-bodied persons obliged by law to support them."

Based on this, it is quite difficult for ordinary citizens to understand who are able-bodied and unable-to-work persons and who has an obligation to maintain.

And such changes are explained by the fact that earlier one disabled person could have several caregivers. However, now only one relative should support a person with a disability.

An interesting fact is that to date, no similar changes have been made to the Law of Ukraine "On Military Duty and Military Service".

Thus, even in case of mobilization of a person, he has the right to be dismissed simply due to the fact of disability. With this in mind, the dismissal procedure is easier than obtaining a deferral at the initial stage.

Obtaining a postponement on the mentioned basis is in practice a rather difficult procedure, which requires a preliminary consultation and analysis of the situation on an individual basis.

It is necessary to understand that there is no identical standard list of documents, so you need to approach each situation separately. Since this reason includes 3 categories, receiving a deferment if:

• the wife has a group of disabilities;
• one of the parents is a person with a disability;
• one of the wife's parents is a person with a disability.

Therefore, before starting the procedure for obtaining a postponement, you need to consult with a specialist and collect all the necessary documents. If you still doubt whether you have the right to a deferment or you need help with writing an application for a deferment, contact the military lawyers of the law firm "Prikhodko&Partners" for legal assistance.