Applying for a deferment for a guardian of a person with a disability

Recently, guardians of people with disabilities are increasingly looking for legal support when the issue of applying for a deferment from mobilization arises.

The requirements have intensified, and any inaccuracy in the documents can lead to refusal.

That is why the lawyers of Prikhodko & Partners have prepared up-to-date material that will help you go through the procedure correctly and protect your rights.

Who can get a deferral?

Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” defines the category of guardians as those who can apply for a deferment.

The following persons have the right to a deferral:

Official guardians of incapacitated people (guardianship status must be confirmed by a court decision)
Persons caring for a spouse, parents with disabilities of group I or II, or in need of constant third-party care

The law requires proof of the permanent nature of care and the absence of other persons capable of providing it

What documents need to be prepared

Successful receipt of a deferment depends on the correctness of the preparation of documents.

The standard package includes:

Court decision on the appointment of a guardian or trustee
Certificate of the MSEC or an extract from the decision of the ECOPFO regarding the disability of the person being cared for
An act confirming the fact of permanent care, drawn up by social protection bodies or local self-government (if any)
Documents certifying the identity of the guardian and incapacitated person
Excerpts about the place of registration
Confirmation of family ties
If necessary, evidence that other family members cannot provide care (medical reports, certificates, explanations)
Additional medical documentation – for example, the conclusions of the MAC on the need for constant care
Military registration document

Also, the territorial center may require clarification or additional documents.

It will also be useful: Procedure for establishing guardianship

How to submit documents: step-by-step procedure

The process of applying for a deferral consists of several stages:

Preparation of the application
The application must contain a description of life circumstances, justification of the need for care and a list of submitted documents
Submission of documents to the administrative bodies
Materials are submitted personally by the applicant
Consideration of the application
The territorial center considers the documents approximately up to 7 calendar days, provided that the package is complete and does not raise additional questions
Obtaining a decision
In case of approval, the guardian receives a certificate of deferment. The information is also entered into the electronic military record
Further confirmation
In most cases, the deferral is temporary (e.g. for 90 days). After the expiry of the period, the procedure must be repeated

Common mistakes that cause the territorial center to refuse

Even formally correct documents may not pass if the following mistakes are made:

incomplete or unclear act of care / lack of a court decision indicating the person – guardian;
lack of evidence that other relatives cannot perform these duties;
discrepancies in medical documents;
outdated or incorrectly executed conclusions of the MSEC;
the data of the guardian or person with a disability are incorrectly indicated.

Because of these nuances, guardians often lose the right to a deferral, although the law allows you to get it.

Our team has significant experience in the field of mobilization law and accompanies such cases every day

We offer:

professional analysis of the situation and determination of legal grounds;
preparation of a full package of documents;
support during the application;
legal support in case of need to re-confirm the deferral;
preparation of a complaint or lawsuit in case of unreasonable refusal.

Thus, a deferment from mobilization for a guardian of a person with a disability is an important legal mechanism. However, the procedure for its registration requires accuracy, validity and properly prepared documents.

Applying for a deferment for a guardian of a person with a disability

Who can get a deferral?

What documents need to be prepared

How to submit documents: step-by-step procedure

Common mistakes that cause the territorial center to refuse

You may also need:

Andrey Prikhodko