REDUCTION OF GROUNDS FOR POSTPONEMENT: CHANGES IN MOBILIZATION LEGISLATION

In the conditions of martial law, legislation on mobilization is quite dynamic, which motivates lawyers to constantly follow its updates. The team of the Prikhodko&Partners law office is no exception. It is important for us to be up to date with all the news in order to be able to provide quality assistance to our customers and answer their questions. On June 28, the Verkhovna Rada adopted Law № 9342, and on June 30, the President signed it. We are talking about a normative legal act, which has become a fairly loud information source. In addition to many other provisions, it recorded a reduction in grounds for postponement of mobilization.

What rule of law should you pay attention to?

Paragraph 11 of Part 1 of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" appeared in the newly adopted law with an addition. It says that people who care for relatives with disabilities cannot be exempted from mobilization if there are other able-bodied people who, in accordance with the current legislation, are obliged to support such people with disabilities.

What has changed?

Until now, the presence of a group I or II disability in a wife, husband, child, or one of the parents (own or the wife or husband) gave the right to deferment from mobilization in the case of registration of care for such a person. Also, this reason could serve as a reason for release into the reserve, if the soldier was already in the ranks of the Armed Forces. Given the current legislative changes, it will be possible to get a deferment from military service only when a person with a disability does not have other people who are obliged to support him.

What motivated the legislators to such changes?

If you monitor the opinions of the authors of the law on their official pages in social networks, you can see statements about what exactly motivated them to make these changes. For example, deputy Maryana Bezugla mentions the so-called scheme, when one such person with a disability could have several guardians. She mentioned examples when 5 or even 10 men fraudulently registered guardianship over one grandmother. According to her, the military on the front line regularly asked questions about when this situation would change.

Does this mean that the mentioned persons will definitely be mobilized?

This is another question of interest to the audience in the context of the adopted law № 9342. No, the removal of armor does not mean immediate mobilization. It simply means that the mentioned persons are not exempted from it now. Similarly, this applies to traveling abroad. Now it will be impossible to cross it with a person with a disability as a companion, if there is another able-bodied person who is obliged to take care of her.

How can our services be useful?

Lawyers of the law firm "Prikhodko&Partners" regularly work in the field of inquiries related to military law. That is why we learn actual news not only in theory. We apply legal norms in practice, helping our clients defend their legal rights and interests. When there is a lot of information of different quality on the network, and true data is mixed with false, it can be difficult for a person to figure it out on his own.

It is in such a case that the help of professional lawyers will be appropriate, who will competently answer all questions.