Postponement of mobilization: Article 23

The key legal act that regulates the issue of postponement of mobilization under martial law is the Law of Ukraine «On Mobilization Preparation and Mobilization». Specifically, we are talking about Article 23 of this law, which has been amended several times. It is worth noting that in April 2024, Law № 10449 was adopted, which is simplistically called the law on strengthening mobilization. It came into force on May 18. Subsequently, the Cabinet of Ministers adopted Resolution № 560, which was intended to specify the legislative norms in practice. However, in reality, there are some conflicts between these legal acts that complicate their application.

That is why a person liable for military service who wants to really understand his or her prospects regarding mobilization often has to seek legal advice. If you are interested in a deferral from mobilization under Article 23 of the Law «On Mobilization Preparation and Mobilization», the team of Prikhodko & Partners Law Firm offers its services. We specialize in military law, and the number of client requests in this area of law has recently increased significantly. Therefore, we have vast practical experience in providing quality assistance to all those who come to us.

Deferral based on booking

If the enterprise, institution or organization where a person liable for military service works is a critical one under martial law and can book employees, this gives them a legal opportunity to receive a deferral from mobilization. However, it should be understood that such persons liable for military service are required to be registered in a special register. Even if a person has the right to deferment, but is not on a special registration is entitled to a deferment, but is not on the special register, he or she can be mobilized on general terms.

Therefore, if you need advice on the procedure for booking employees in order to secure a deferral from mobilization, the lawyers of Prikhodko & Partners Law Firm can provide you with quality assistance.

What has changed for graduate students?

For postgraduate students and other students, the right to deferment remained only if a person is enrolled in a full-time or dual form of education and is pursuing a consistent education. The requirements for postgraduate deferment have become stricter, given the statistics from the Ministry of Education and Science of Ukraine on the multiple increase in the number of male postgraduate students during martial law. Therefore, to prevent this ground from being abused, the limits of its use have been narrowed.

Wife's disability

The grounds for deferment in the form of a wife's disability have been discussed for a long time and remained an unresolved issue when it came to group III disability. Now everything has become clearer, as an exhaustive list of diseases in case of a wife's disability of group III has been defined, which become the basis for a husband's deferment from military service.

For example, these include cancer, the absence of a hand or foot, and a number of other health problems.

As for disabilities of groups I and II, they continue to be grounds for deferral without any additional conditions.

Health problems of the person liable for military service

If a person is declared unfit for service by the military medical commission, he or she cannot be mobilized. However, in practice, this often works quite differently, when, according to the decision of the medical commission, a person becomes «healthier» than he or she actually is. That is why appealing against the conclusions of the Military Qualification Commission is one of the most frequent reasons for clients to turn to military lawyers. The team of Prikhodko & Partners Law Firm knows how to act efficiently in such situations.

Family circumstances

When it comes to family circumstances in the form of parental care, it is important to properly confirm the existence of this ground. Resolution № 560, which has already been mentioned, contains a list of documents that are required.

While the situation with one's own parents is relatively simple, the situation with the deferral of mobilization on the grounds of caring for the wife's parents is more complicated. In this case, it will be necessary to prove that she herself is unable to provide such care, and that there are no other relatives who would be responsible for such care.

As for other grounds for deferral from mobilization, you can find them in Article 23 of the Law of Ukraine «On Mobilization Preparation and Mobilization». And the lawyers of Prikhodko & Partners Law Firm, when providing their services, will specify the legal norms in your situation and familiarize you with the prospects that are available in it.

We provide the following services in the field of military law:

• Counseling. During counseling, you can find out what is important to you by separating real information from unfounded statements that are often seen in the media on the topic of mobilization.
• Legal support. Our team of specialists provides a physical escort service to the military commissariat, which helps to avoid the risk of military mobilization.
• Representation in court. This legal tool is very effective and often used in today's realities when the rights of persons liable for military service are violated.

Therefore, you can get a full range of services in the field of military law from us. Fill out the form below and our lawyer will contact you shortly.