POSTPONEMENT FROM MOBILIZATION. REASON: ORPHAN CHILDREN UNDER THE AGE OF 18 ARE IN DEPENDENCY

The current legislation of Ukraine provides for the possibility of conscripts receiving a deferment from conscription for military service during mobilization, due to the fact that such persons are dependent on adopted children under the age of 18.

According to the provisions of Article 2563 of the Family Code of Ukraine, adopted children are recognized as orphans and children deprived of parental care, arranged for upbringing and joint living with a foster family.

Thus, in accordance with the provisions of paragraph 9 of the first part of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", adoptive parents, guardians, custodians, adoptive parents, foster parents who have dependent children are not subject to conscription for military service during mobilization - orphans or children deprived of parental care, under the age of 18.

In order to take advantage of this right to postponement, it is necessary for the conscript to be, in particular, the adopter, guardian, custodian of a child under the age of 18 and provide for its maintenance. Please note that if you have such a reason for receiving a postponement of conscription for military service during mobilization, you must notify the territorial recruitment and social support center where your personal file is located. Such notification is carried out by submitting a corresponding application, to which documents confirming the fact of adoption, establishment of guardianship or guardianship of a child under the age of 18 are also attached. We also emphasize that this applies not only to married couples who, for example, adopted a child under the age of 18, but also to conscripts who adopted a child on their own.

Therefore, in the event that a conscript has the above-mentioned reasons, he must apply with the relevant documents to the territorial center of recruitment and social support, because this indicates changes in his family status, which, in accordance with the provisions of the Law of Ukraine "On Military Conscription Communications and military service" and the Rules for military registration of conscripts, conscripts and reservists, approved by the Cabinet of Ministers of Ukraine Resolution № 1487 dated December 30, 2022, he is obliged to inform. In addition, it will prevent cases of illegal mobilization.

In the presence of the specified grounds, in order to receive a deferment from conscription for military service during mobilization, the territorial recruitment and social support center is obliged to make a corresponding mark in the military registration document and provide a corresponding certificate confirming the right to deferment.

If you are, in particular, an adoptive parent, guardian or custodian of a child under the age of 18, contact "Prikhodko&Partners" attorney's office, we will prepare an appropriate application and help you obtain a postponement of conscription for military service during mobilization.