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Mobilization during martial law is important for several reasons, which are determined by the needs and requirements of wartime:
- ensuring the defense capability of the country;
- mobilizing the national economy;
- creating reserves;
- maintaining civil order, etc.
The mobilization of military resources and efforts is a key element in ensuring the successful conduct of defense operations and maintaining stability during martial law.
Fear of mobilization can arise for various reasons, as this process is usually associated with significant changes and challenges for society. For many families with members with disabilities, this prospect can raise particular concerns and questions. Many take care of their relatives and physically cannot be involved in any military operations that are outside their home. Therefore, persons who have a father with a disability have a number of questions regarding mobilization. Since it is important to provide the necessary support to a father with a disability and to monitor his health and well-being, to provide medical assistance, support, assistance in everyday affairs, social interaction, psychological support.
So, if the father is disabled of the II group, can the son be mobilized?
Persons who have relatives with disabilities, namely a father, previously had an unequivocal right to postponement of mobilization, which was ensured by the current article of the Law of Ukraine “On Mobilization Training and Mobilization”. However, as a result of the amendments made to this article, a condition has been established today under which this right of one person may be canceled or not exercised at all if there are other persons in the family who have the obligation to support the father.
In general, the maintenance obligation arises only in the case when a person with a disability needs financial assistance. However, the TCC and SP have a slightly different opinion and do not interpret this vision in the same way, and therefore it is difficult to understand who to consider as “other persons who are obliged by law to support a person with a disability.”
Having analyzed practical situations and theoretical information, it can be noted that the duty of children to support their parents and the duty of parents to support their children are defined in the Constitution and the Family Code.
Persons over the age of 16 who live on the territory of Ukraine and are physically capable of active work are also considered able-bodied. In turn, disabled citizens are persons who have reached the established Art. 26 of this Law of retirement age or persons with disabilities, including children with disabilities, as well as persons entitled to a pension in connection with the loss of a breadwinner in accordance with the law.
If the TCC and SP reject your request for a deferral based on their internal guidelines, and you believe you are legally entitled to a deferral, you have the opportunity to challenge this in court.
Your best bet would be to consult our military law attorney, as hard work will never replace theory. A specialist who works in this field knows, like no one else, the nuances of applying for a deferment. To get advice or help from a lawyer, fill out the form on the website and our lawyer will contact you.