Who is entitled to a deferral under the new law?

Recently, the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration» was adopted. It has radically changed the mobilization legislation, as it has transformed more than a dozen regulations. Therefore, if you need quality advice on how these changes will affect your specific situation, please contact the lawyers of Prikhodko & Partners Law Firm. We have been following this law and its adoption for a long time - even at the stage when it was a draft law. Therefore, today we have formed a high-quality internal analysis in our work that can help our clients navigate their current prospects for mobilization.

What has changed, in general?

The grounds for postponement of mobilization have now been narrowed. Thus, obtaining a second and further higher education was removed from the list. There are also specific requirements for a person who provides full-time care for a person in need. The issue of deferral of mobilization for husbands of wives with disability group 3 was actively discussed during the drafting stage. The new law specifies the conditions under which such a postponement is possible. As for the postponement for those whose wife has a disability group 1 or 2, in these cases the right remains unconditional.

It is important to note that persons liable for military service must report to the Territorial Center for Recruitment and Social Support within 60 days of the adoption of this law and update their credentials. This can also be done through the Administrative Services Center. There have been many news and announcements about the e-cabinet of persons liable for military service on the Internet, but as of today, it is not yet operational. Therefore, you will have to visit one of the two mentioned bodies in person.

The new law also introduces the concept of “requirement” in relation to persons liable for military service. If a person violates the rules of military registration, he or she may be restricted from driving a vehicle.

To summarize, it is worth noting that today it is impossible to abstract from the Territorial Recruitment Center. Therefore, timely registration of a deferral, if you have grounds for it, is extremely important. As practice shows, even if you have a reason for postponement and appear at the Territorial Recruitment Center with it, you can receive a summons. Therefore, it is better to enlist the help of a specialist and his support.

Who has the right to deferral?

As for the right to deferment, in addition to the above-mentioned categories of persons liable for military service, the following persons retain it

• Persons with disabilities of all groups (however, the legislators provided for the repeated passage of the commission in 6-12 months);
• those who were released from captivity;
• parents of 3 or more minor children - provided that the person is not a child support debtor;
• parents of a child with the first or second group of disability;
• the father of a minor child, if the other parent is serving in the military;
• single fathers and mothers;
• scientists and teachers employed at least 0.75 times the rate;
• guardians of an incapacitated person (there must be a relevant court decision on her incapacity).

This is only a part of those who are eligible for deferral. In fact, the list is much wider. At the same time, we cannot ignore the fact that it has been significantly narrowed compared to the previous version of the legislation. Therefore, if you want to understand the right to deferral in your situation, advice and legal support from the team of Prikhodko & Partners Law Firm will be very useful.