Certificate of establishment of the fact of providing care for obtaining a deferral

After the update of mobilization legislation in Ukraine, the number of appeals regarding the possibility of obtaining a deferment from conscription for family reasons has significantly increased.

One of the most common grounds is the care of a person who needs constant outside help. However, verbal explanations or medical documents alone are not enough to confirm this right.

The key evidence in this category of cases is the Act of Establishing the Fact of Care, which is drawn up by the local self-government body.

What is the act of establishing the fact of care

The act of establishing the fact of care is an official document that confirms that a particular person actually takes care of a relative who cannot independently provide for his own life needs.

It serves as evidence in relations with territorial recruitment and social support centers , social protection bodies and other institutions.

Usually, the act is drawn up by the commission or authorized social protection workers after reviewing the living conditions and communicating with the person in need of care.

Who needs an act to deferment from mobilization

The right to a deferment is granted to caregivers:

for one of the parents who is a person with a disability of group I or II or needs constant care;
for a relative who, according to a medical report, is not capable of self-care.

Separately, it should be noted that the territorial recruitment and social support centers may require not only medical documents, but also official confirmation of the actual care, because even the presence of a relative with a disability group does not always guarantee an automatic granting of a deferment.

Grounds for drawing up an act

The act is formed when there is a need to prove the fact of permanent residence and care for a person who:

cannot move independently;
has severe chronic diseases;
needs control over medication, nutrition or household activities;
is deprived of the opportunity to independently provide for her life needs.

The basis for registration is the application of the caregiver.

The procedure for drawing up an act

The procedure consists of several stages:

Submission of an application
A citizen applies to the social protection body with an application on the need to draw up an act establishing the fact of care. The application is accompanied by copies of passports, RNOKPP, documents on family ties and medical reports.
Commission visit at the place of residence
The commission or authorized employees visit the household, check the living conditions, communicate with the person in need of care, and with neighbors or other witnesses (if necessary).
Assessment of the fact of care
Specialists assess whether the care is really permanent and necessary. They also check whether there are other relatives who are able to provide care.
Drawing up an act
After the inspection, an act of establishing the fact of care is drawn up, which is signed by the members of the commission and approved by the head of the relevant body.
Submission of the act to the territorial recruitment and social support centers
The document is submitted together with other confirmations — medical certificates, extracts from the MSEC, certificates of residence, decisions on the appointment of social assistance, etc.

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

Important nuances when submitting documents to the territorial recruitment and social support centers

Despite the presence of the act, the territorial recruitment and social support centers may conduct an additional inspection, in particular:

send requests to the social security authorities;
request an updated medical report on the health status of the person in need of care.

Therefore, it is recommended to provide a full package of documents confirming the need for care in advance.

Despite clear legal norms, in practice applicants often face problems:

refusal of social security authorities to draw up an act without sufficient grounds;
requirements to provide documents not provided for by law;
delay in the consideration of the application;
incorrect drawing up of an act that is not accepted by the territorial recruitment and social support centers;
refusal to postpone even after submitting all documents.

Prikhodko & Partners’ lawyers accompany clients at all stages: from preparing documents to appealing against the unlawful refusal of the territorial recruitment and social support centers or social security authorities.

Contacting specialists allows you to competently prepare a package of documents; avoid mistakes that may become the basis for refusal; receive support during inspections and commission meetings; to appeal the decision of the territorial recruitment and social support centers in court.

Therefore, the Act of Establishing the Fact of Care is a key document for obtaining a deferment from mobilization in the case of caring for a person in need of constant outside assistance.