Postponement if the wife is disabled of the 3rd group

Taking into account the fact that mobilization measures are currently being continued and made tougher, taking into account the so-called "forced" mobilization, the question arises regarding the postponement of the mobilization of citizens who have legal grounds for it. It is for this reason that the Law of Ukraine "On Mobilization Training and Mobilization" takes into account various situations and peculiarities of the marital status of citizens, in particular, in the case when a person has a spouse with a disability of the III group.

In this article, we will consider the legal aspects of postponement of mobilization on the above grounds and analyze the relevant legal norms, rights and duties of citizens in such situations, as well as provide practical advice on protecting the rights and interests of citizens.

Legislation on postponement of mobilization

First of all, it is important to consider the legislation governing mobilization and deferment of conscription in time of war. Let's start with the fact that the Law of Ukraine "On Mobilization Training and Mobilization" does not indicate a specific group of wife's disability. This means that the wife can be disabled regardless of the specific disability group. Therefore, the widespread statement that the disability of the III group is not a reason for obtaining a deferment is a wrong interpretation of the law and is null and void. However, changes in legislation regarding maintenance by other persons require special attention.

According to Article 51 of the Constitution of Ukraine, adult children are obliged to take care of their disabled parents. In addition, according to Article 202 of the Family Code of Ukraine, adult children are obliged to support parents who are unable to work and require financial assistance.

However, in one of the court decisions, the court came to the conclusion that the Territorial center of procurement and social support cannot unequivocally confirm the absence of able-bodied children from a wife with a disability and generally exclude the possibility of having able-bodied children from previous marriages.

Thus, the wording "do not have other able-bodied persons who are obliged to support them according to the law" creates many problems and questions that require explanations from relevant specialists. To avoid mistakes in the postponement and protection from negative consequences, it is recommended to prepare in advance, collect all the necessary documents, write a statement together with a lawyer and ensure the support of a lawyer in the Territorial center of procurement and social support.

The procedure for obtaining a postponement

Next, it is important to consider the procedure for obtaining a postponement of mobilization based on the presence of a wife with a disability of the 3rd group. Often this includes submission of relevant documents to the Territorial center of procurement and social support confirming the status of a person with a disability and family relationship. Consideration of such applications may take place individually and take into account the specific circumstances of each case. Here it is important to understand that there is no exhaustive list of documents and the burden of proof rests entirely on the person who wants to receive a postponement.

In the end, it is worth noting that the preparation for obtaining a deferment is a very important stage, without the proper implementation of which there is a risk of not using the reason for the deferment and being mobilized, although one will have all the grounds for the deferment provided by law. This stage includes careful study of relevant legislation, seeking legal assistance in the event of confrontation with military authorities and in the event that authorized persons exceed or abuse their authority.

Therefore, if you have reasons for delay or difficulty in proving the relevant reasons, you should apply for legal assistance for professional legal support. To get advice or help from a lawyer on mobilization - fill out the form on our website and our lawyer will contact you in the near future.