Postponement of mobilization: Article 23 of the Law “On Mobilization Training and Mobilization”

Despite active mobilization measures in Ukraine, not all people who receive summonses have an objective opportunity to defend the Motherland at the front. Yes, Art. 23 of the current Law of Ukraine "On Mobilization Training and Mobilization" provides for a number of grounds for postponement. Let's get acquainted with them in more detail, and also consider how the services of the legal company "PRIKHODKO&PARTNERS" can be useful in this context.

What are the grounds for getting a deferment?

So, among such legally defined grounds are:

• Invalidity. It is quite logical that a person with insufficient health cannot properly fulfill the duty of protecting the Motherland.
• Reservations from state enterprises, institutions and organizations. There is a significant number of workers on whom the work of factories, educational institutions and many other centers depends.
• Recognition of a person temporarily unfit to serve in the army. This basis is valid for six months from the moment when such recognition took place.
• Stay of 3 or more minor dependent children. Having many children is an important reason for postponement until one of the children reaches the 18th birthday.
• Independent education of a child up to 18 years old. This reason is also obvious, since a child needs parental participation in upbringing, when this matter is handled by one person.
• Serious illness or disability of the child.
• Constant care for a sick child, spouse or parents. Here it is worth noting that not only one's own parents are meant, but also the parents of the husband or wife.
• Maintenance of an adult child with a disability of the I or II group.
• Maintenance of orphans or children deprived of parental care.
• Carrying out guardianship over an incapacitated person.
• Presence of disability in the wife. By the way, questions often arise as to whether the wife's 3rd group of disability serves as a reason for postponement. Yes, the legislation provides for this, but in practice, legal support is often needed to defend one's rights and use this ground.
• The presence of a group I or II disability in one of the parents, for whom the person takes care.
• The presence of a minor child, provided that the second spouse is in military service.
• Belonging to full-time or dual-time students or graduate students.
• Work in law enforcement agencies and military administration.
• Belonging to scientific-pedagogical and scientific workers who have at least 0.75 rates.

In addition, people whose relatives died or went missing as servicemen or volunteers during the anti-terrorist operation have the right to a deferral.

How can we be useful?

Specialists of the law office "PRIKHODKO&PARTNERS" provide legal support in the TCC. We can advise and guide you in the algorithm of actions, write an appropriate statement or represent your interests when necessary.

Despite the fact that the current legislation clearly establishes the grounds for postponement of mobilization, in practice, artificial complications often occur when representatives of the Military Committee do not want to take them into account. In such situations, the help of lawyers will be very appropriate. So apply!