Postponement from mobilization to care for a disabled child

The legislation of Ukraine, which concerns military duty, is regularly transformed. This is natural during martial law, because the normative legal acts operating in the state must reflect the real state of affairs and meet the demands and needs of society and the state. That is why the team of the law firm "Prikhodko&Partners" constantly monitors legislative changes and familiarizes itself with their implementation on a practical level. As soon as some legislative norms change, we have to work with them very quickly. So we quickly acquire the relevant experience needed for work. Let's talk about what has changed in the law "On mobilization training and mobilization" recently.

As it was until June 28?

Before the mentioned amendments were adopted, taking care of a child with a disability became a reason for a person subject to mobilization to receive a deferment. However, according to lawmakers who worked on the changes, it raised many questions for those on the front lines, who have been there for long periods of time without rotation and need reinforcements. Therefore, they took these wishes into account and adapted the law to them.

How the normative legal act has changed?

Now in Art. 28 of the Law "On Mobilization Training and Mobilization" states that a child's disability is a reason for delaying mobilization only if there are no other able-bodied relatives to take care of him.

On the one hand, the current wording of the legal norm seems clear and reasonable. On the other hand, in practice, a number of issues may arise that require high-quality legal assistance.

What complicates the implementation of this norm?

Let's imagine a situation where the child's father and mother live together. Then, in most cases, there is no problem in the child being with the mother during the father's service in the Armed Forces of Ukraine.

Now let's imagine another situation. The child has only a father and a mother, and there are no other relatives who could provide care. However, the child has health problems, and the mother works abroad to provide the necessary material base for her treatment. In such a case, the father needs to prove that his choice to stay with the child is appropriate and necessary, and the mother really cannot return at this point.

This also applies to another similar situation, when, for example, a person's parents have a disability, but he still has a brother or sister in another city. Here, too, it is necessary to prove sufficiently carefully that such a person should stay with his parents and look after them.

In a word, in complex cases, this legal norm looks rather complicated and not always clear in practice, when it comes to the real mechanism of its application.

How can we be useful for you?

The team of the law firm "Prikhodko&Partners" not only monitors legislative changes, but also carefully refines algorithms, which can be used to provide quality assistance to clients in new conditions.

By contacting us, you can be sure that we work for results. Therefore, we will provide high-quality consulting services, as well as, if necessary, representation of your interests in interaction with state authorities (including in court).