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Wartime mobilization affects a significant number of people and, at the same time, many have legitimate reasons to postpone it. One of them is related to the constant care of one’s own parents or the parents of one’s wife or husband.
The difference between care and guardianship?
It is important to understand that permanent care is a form of legal relationship that is different from guardianship. If we talk about guardianship, then it is possible only over an incapacitated person (one who is not aware of his actions and their consequences, or, to put it more simply, has mental problems). When we talk about care, we mean interaction with a person who is incapacitated and cannot take care of himself in everyday life, but at the same time he can have capacity – that is, be aware of his actions and not suffer from any mental disorders. Therefore, when it comes to care, the consent of the person to be cared for is important when it is arranged.
What does the legislation say?
Now it is worth moving on to what normative legal act currently regulates this issue in the context of conscription. This is the current Law “On Mobilization Training and Mobilization”. For example, Art. 23 defines the grounds for postponement of mobilization. In particular, among other reasons, there is constant care for a sick child, the other spouse, one’s parents or the parents of the other spouse. Such a need must be justified, so you should provide the authorized authorities with confirmation that someone from your relatives really needs care. The law specifies that these should be documents in the form of a conclusion of a medical and social expert commission (MSEK) or a medical and advisory commission (MAC).
What is the difference between the mentioned commissions?
If we turn to real practice regarding the question of postponement of mobilization specifically for the care of parents, then documents of the Ministry of Health and Welfare are required to confirm their condition. The reason is that the conclusion of the LCC is relevant when it comes to children. And this procedure works with adults.
No less significant is the fact that the postponement of mobilization to care for parents is a rather difficult basis for application on a practical level. Especially considering the fact that the legislation on this topic has been changing recently, and amendments were adopted in the summer that made it more difficult to apply these norms. So it will be difficult to figure it out on your own without the help of professional lawyers.
Why it makes sense to contact us?
The team of the “Prikhodko&Partners” law office works at the intersection of various fields of law. It is also about military law. We are ready to help our clients in several formats at once, namely:
- Consulting. Consultations are available both offline and online. You can contact us by phone or video call. This communication format provides an opportunity to interact with our law firm for people from different cities.
- Legal support. When it comes to postponement of mobilization, in such a serious matter it will be advisable not to limit yourself to advisory support, but to use legal support and representation in interaction with authorized state bodies.
Our team will help you understand the legal regulations that are relevant to your situation. And we will also help you to use them effectively.