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Family law Appeal against the refusal to register permanent care

Ryabchuk Oksana

Lawyer

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riabchuk@prikhodko.com.ua

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Specializes in family law and inheritance matters.

Appeal against the refusal to register permanent care

In modern conditions, when martial law continues in Ukraine, the issue of registration of permanent care for persons in need of outside help has become especially relevant.

This is not only about social protection, but also the opportunity to get a deferment from mobilization for persons who actually provide such care. However, in practice, there are cases of refusal to issue it.

In this article, we will consider how to properly appeal such a decision, what documents are needed, and what to pay special attention to.

Changes in legislation: what’s new in 2025?

In 2025, the government updated the rules for registration of permanent care by adopting amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 560.

These innovations affected both the registration process itself and the grounds for refusal:

The number of certificates has been reduced: now a medical report (LCC or MSEC), an application and confirmation of family ties are enough to confirm care;
The act of establishing the fact of care (Appendix No. 8) is officially recognized as a document that allows you to obtain a deferment from mobilization;
If the person being cared for receives social services, then it may not be possible to apply for permanent care.

The main reasons for refusal to register

In practice, social security authorities refuse for various reasons.

The most common of them are:

Incomplete or incorrect package of documents;
The conclusion of the MAC does not contain a clear wording about the need for constant care;
Lack of proof of cohabitation;
The other person is already officially caring or the person is in social care;
The authority has doubts about the real need for constant supervision.

It is worth remembering: even a formal refusal is subject to appeal if you consider it unreasonable or unlawful.

How to properly appeal a refusal?

There are two ways to appeal a decision on refusal:

Administrative path

The first step should be to submit a written complaint to a higher authority – for example, to the regional department of social protection or the relevant local self-government body.

The complaint shall be accompanied by:

Copy of the refusal;
The full package of documents you submitted;
Additional materials confirming the actual implementation of care (photos, witness testimonies, acts of local authorities).

Consideration of the complaint lasts up to 10 calendar days, after which a decision must be made whether to cancel the refusal or leave it in force.

Judicial procedure

If the administrative route did not yield results or the authorities act in violation of the procedure, you can apply to the administrative court.

The statement of claim indicates:

The essence of the dispute (unreasonable refusal to register care);
Legislative justification (violation of Resolution No. 560, the Law of Ukraine “On Social Services”, etc.);
List of evidence (medical certificates, testimonies, act of care).

In the practice of 2024-2025, the courts are increasingly siding with the applicants, especially in cases where the documents provided indicate a real need for care, but the social security authorities refused without proper justification.

It will also be useful: REGISTRATION OF PERMANENT CARE – 2025

What documents should be submitted?

The most important documents are:

A medical report of the MAC or MSEC, which clearly states “needs constant outside care”;
Act of establishing the fact of care (usually drawn up on the spot with the participation of a social worker);
Confirmation of family ties (birth certificate, marriage certificate, etc.);
Confirmation of cohabitation (certificate from the place of registration, certificate of inspection of housing conditions);
Evidence of care.

Practical advice

Before submitting documents, consult with a lawyer — he will help you avoid mistakes;
Make copies of all documents and keep postal receipts or electronic filing marks;
If in your situation registration is important for a deferment from mobilization, indicate this in the application directly;
If the registration is refused without explanation, you demand a written response with a clear justification.

Thus, the registration of permanent care in Ukraine has become a procedure that is closely related not only to social guarantees, but also to mobilization issues.

If you have received a refusal to issue it, you should not stop: the law allows you to appeal it – both administratively and through the court.

Proper preparation of documents, strict compliance with legal requirements and, if necessary, legal support significantly increase your chances of a positive decision.