Who does not need an act of care for deferment?

The question of who does not require an act of care to receive a deferment from mobilization is very relevant and gives rise to much discussion. This is due to frequent legislative changes that have been made recently. Due to a lack of clear information or misinterpretations, many mistakenly believe they are entitled to a deferment and, after applying to the relevant authorities, are denied. Therefore, it is important to understand when an act of care is required and when other documents are sufficient.

To avoid deferment denials, it's important to have a complete set of documents and understand whether an act of care is required in your particular case.

Taking into account paragraph 9, part 1 of the Law of Ukraine "On mobilization preparation and mobilization", a deferment is granted to persons engaged in permanent care for:

• A sick wife (husband);
• A sick child;
• Your parents.

For this group of individuals, the Law does not explicitly set conditions regarding the presence or absence of other able-bodied family members who can fulfill caregiving responsibilities. This means that a son, father, or husband is entitled to a deferment based on the need to provide permanent care, however, all the same, with the receipt of an act on establishing the fact of the person providing care (permanent care) according to Appendix 8.

At the same time, in the case registration of a deferment under this clause for persons providing permanent care to the father or mother of the wife (husband), the legislation establishes an additional mandatory condition.

If such parents have children, the right to a deferment for the other spouse arises only on the condition that these children themselves require constant care.

For example, if caring for the wife's parents, the wife herself must require constant care; otherwise, her husband will not be eligible for a deferment. In such cases, a separate set of supporting documents is also required, specifically a certificate establishing the actual provision of constant care. However, if the conscript has a document confirming receipt of compensation (assistance, allowance) for care, filing such a certificate is not required.

If we talk about paragraph 13, part 1 of the Law of Ukraine "On mobilization preparation and mobilization" in connection with the latest amendments, the act is not required.

These amendments to the Procedure for conscripting citizens for military service during mobilization in a special period, approved by Cabinet of Ministers Resolution № 930, were published on August 19, 2024. The Procedure  removed the requirement to obtain a certificate of actual completion of care, and clarified the list of documents required to obtain a deferment.

As for paragraph 14, part 1 of the Law of Ukraine “On mobilization preparation and mobilization,” this paragraph also has its own nuances.

Second-degree family members engaged in permanent care of a person with a disability of group I or II.

This clause requires the following conditions to obtain a deferment, namely:

1. A second-degree family member who is a person with a Group I or II disability requires constant care, as confirmed by a MQC/MSEC/ETADFP report.
2. Absent first-degree family members or first-degree family members themselves require care, as confirmed by a MQC/MSEC/ETADFP report.
3. In the absence of first- and second-degree family members, care may be provided to a third-degree family member.

What about the Act?

In this case, an act establishing the actual provision of permanent care by the person is always required; however, if the person has documents confirming receipt of compensation (assistance, allowance) for care, then such an act is not required.

Due to changes to the deferment application process, this right is now exercised through the Administrative Service Center or the "Reserve+" app. Unfortunately, due to a lack of knowledge of mobilization law, Administrative Service Center staff are demanding documents that are not actually required by current legislation or, conversely, not scanning certain documents because they don't deem them necessary. This creates additional difficulties for those seeking a mobilization deferment. Currently, this is the reason for denial of rights granted to individuals under the law.

Therefore, it is crucial to consult with lawyers well-versed in the specifics of the legislation in this area in advance. A qualified lawyer can provide support at any stage: from document review to direct assistance with the TCC and JV.

Our law firm has extensive experience in the legal field, particularly in matters related to mobilization, deferments, and interactions with government agencies. We understand all the intricacies of the procedures, know which documents are truly necessary, and will help you avoid unnecessary bureaucratic obstacles.

We offer full support throughout the process of preparing the necessary documents or can provide targeted assistance at specific stages.

Don't risk your rights due to insufficient documentation or a misunderstanding of legal requirements. Contact us – we will do everything possible to ensure you receive the assistance you need and feel confident in your legal support.