POSTPONEMENT OF SUMMONS FOR THE GUARDIAN OF A PERSON WITH A DISABILITY DECLARED BY THE COURT TO BE INCAPABLE

The current legislation of Ukraine provides for the right for conscripts to receive a deferment from conscription for military service during mobilization, if the latter is the guardian of a person with a disability, recognized by a court as incapable.

Thus, according to the twelfth paragraph of the first part of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" (hereinafter also the Law) it is established that conscripted guardians of a person with a disability recognized by a court as incapacitated are not subject to conscription for military service during mobilization.

So, as can be seen from the wording of the Law, in order for conscripts to receive a deferment from conscription for military service during mobilization on the above-mentioned basis, two circumstances must be present:

• guardianship of a person with a disability;
• such a person must be recognized by the court as incompetent.

Regarding the presence of a disability in the person over whom guardianship is established, it should be noted that the specified norm does not specify which group of disabilities should be established. This means that both the first, second and third groups of disabilities are sufficient to apply the specified basis for obtaining a deferment from mobilization.

Regarding the recognition of such a person as incompetent, it should be emphasized that the specified status (ie, incapacity) is established only by the court. Thus, in accordance with the first part of Article 39 of the Civil Code of Ukraine, a natural person may be recognized by the court as incompetent if, due to a chronic, persistent mental disorder, he is unable to realize the meaning of his actions and (or) manage them.

In accordance with the first part of Article 60 of the Civil Code of Ukraine, the court, recognizing a person as incapacitated, establishes guardianship over him and appoints him a guardian at the request of the body of guardianship and guardianship. Therefore, a conscript who wishes to receive a postponement of conscription for military service during mobilization must be appointed a guardian by a court decision.

We draw your attention to the fact that the specified circumstances must exist at the same time. That is, according to the Law, in order to receive a postponement of conscription for military service during mobilization, it is not enough to be the guardian of a person recognized by the court as incapable, but such a person must also be assigned a disability group.

In order to use this right to receive a postponement of conscription for military service during mobilization, it is necessary to apply to the territorial recruitment and social support center and attach the following documents:

• a court decision declaring a person incapacitated and appointing a conscript as his guardian;
• reference to the act of examination by the medical and social expert commission on establishing a person's disability group.

Contact AB "Prikhodko&Partners" and we will help you get a postponement of conscription for military service during mobilization as a conscript who is the guardian of a person with a disability recognized by the court as incapable.