Will I be mobilized if my wife is a 3rd group disabled person?

The legislation on mobilization changed significantly in April, and the changes came into force in May. First of all, we are talking about Law № 10449 and Cabinet of Ministers Resolution № 560. These legal acts are a topic of lively discussion both in the professional legal community and among those people who are affected by their provisions. The fact is that in some aspects there is a legal conflict between them. If we look at the generally recognized principle of the hierarchy of legal acts, we should primarily use the provisions of the Law. However, in practice, no one knows what the representatives of the TCC and JV will prefer in a particular case - the Law or the Resolution. This applies, among other things, to confirming the right to deferral.

Can a husband whose wife has a disability group III be mobilized?

If the wife's disability groups I and II were and remain unconditional grounds for postponement, then questions may arise regarding group III. Even before the new legislative changes, the practice in this regard was different. Law №10449 better regulated this ground for deferral, but a number of additional complications were introduced by Resolution № 560. Let us first consider the provisions of the Law.

So, what has changed? Now there is a clear list of diseases of a wife with a disability of group III, which give the right to deferment for a person liable for military service. Among them:

• absence of a limb;
• absence of a hand or foot;
• absence of one of the paired organs;
• oncological disease;
• mental illness.

This also includes situations where a wife with a disability group III has a minor child.

Now let's look at how Resolution № 560 has complicated the procedure for obtaining a deferral. The fact is that Annex 5 of this regulatory legal act sets out a list of documents confirming the right to deferment. In other words, in practice, there may be a situation where the grounds for deferral actually exist, but the person appears at the TCC with documents that do not meet the list. This may result in a summons.

In addition, there is a certain risk of force mobilization, when even if the person has a reason for the postponement, the representatives of the TCC and the JV abuse their authority. Given all of the above, the answer to the question of whether a wife can be mobilized if she has a disability group III is, unfortunately, yes. On the one hand, such a person liable for military service is not entitled to be mobilized. On the other hand, this may actually happen, despite the existence of grounds for postponement, because such cases do exist.

How to protect yourself legally?

The best solution to protect yourself in the legal field is to contact competent lawyers who specialize in mobilization, military registration and other issues in the field of military law. The team of Prikhodko & Partners Law Firm has such experts with relevant knowledge and extensive experience.

We will help you qualitatively by providing advisory support and legal support. This includes physical escort to the TCC to minimize the risk of abuse by officials. Fill out the form on our website and our lawyer will contact you as soon as possible.