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Family law Deferral from mobilization based on the conclusion of the MAC

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Deferral from mobilization based on the conclusion of the MAC

General mobilization in Ukraine involves the conscription of persons liable for military service, but the legislation defines a list of grounds for obtaining a deferment.

One of these grounds is the need for constant care for a close relative, in particular a father or mother.

In this article, we will consider how to properly apply for a deferment, what documents are required, and what to do in case of refusal by the military registration and enlistment office.

Legislative justification

According to Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, persons who care for close relatives have the right to a deferral if they require constant external care and there are no other persons who can perform these duties.

The main document confirming the need for care is the conclusion of the medical advisory commission (MAC). This document must clearly state that the father or mother requires constant care. If such a conclusion is not available or is formulated in a vague manner, it will be difficult to obtain a deferral.

Procedure for issuing a deferral

To obtain a deferment based on caring for a relative, you must follow these steps:

To obtain a medical certificate from the MAC, contact the medical institution at your place of residence and go through the appropriate commission. It is important that the certificate states that the person needs *permanent* external care.
Gather the necessary documents:

Passport and identification code of the conscript;
Birth certificate to prove family relationship;
MAC conclusion on the need for constant care;
Certificate of family composition or extract from the register of the territorial community;
Documents confirming the absence of other persons who can provide care (for example, health certificates of other family members, documents about their stay abroad or in the Armed Forces of Ukraine).

Submit documents to the territorial recruitment and social support center military registration and enlistment office – after submitting documents, the military registration and enlistment office considers the application and makes a decision.
Obtain a decision from the military registration and enlistment office – if all documents meet the requirements, the military registration and enlistment office grants a deferment.

Typical design problems

In practice, obtaining a deferment on this basis may cause certain difficulties.

The main problems faced by those liable for military service are:

Incorrect wording in the MAC conclusion –If the document states that the person *partially* needs care or assistance, the military enlistment office may deny the deferment.
Lack of confirmation of the absence of other guardians –If the military enlistment office believes that other family members can provide care, they may refuse the deferment.
Bureaucratic delays –Submission and review of documents may take longer than expected, so it is a good idea to apply in advance.

What to do in case of refusal?

If the military registration and enlistment office refuses to grant a deferment, the decision can be appealed.

There are two main options for this:

File a complaint with the senior management of the military registration and enlistment office – You should write to the head of the military registration and enlistment office or to a higher authority. The complaint should state why you believe the decision is illegal and include copies of all documents.
Appeal the decision in court – If the military registration and enlistment office continues to refuse a deferment, it is worth contacting the administrative court. Court practice shows that positive decisions are possible if there are proper documents and confirmation of the need for care.

It will also be useful: Obtaining a certificate of MAC on permanent care

Additional recommendations for successfully obtaining a deferment

To minimize the risks of being denied a deferment, it is worth paying attention to several key points.

First, all documents must be up-to-date – health certificates, family composition, and other confirmations must correspond to the current period. If the certificates were issued several months ago, the military registration and enlistment office may require updated data.

Secondly, it is important to properly complete the application. Some military registration and enlistment office may require the application to be submitted in a prescribed form, so it is worth clarifying this point in advance or seeking help from a lawyer.

In addition, if the military registration and enlistment office is delaying the consideration of documents, it is necessary to periodically remind yourself and demand an official decision within the time limit established by law.

Can they revoke the deferral?

If, after receiving a deferment, the parents’ health improves or family circumstances change (for example, another relative appears who can provide care), the military registration and enlistment office has the right to reconsider its decision. In such a case, the conscript may be served a new summons to clarify the circumstances or undergo a medical examination again.

It should also be noted that legislation may change, so even if such a deferral was previously granted without problems, new requirements or restrictions may be introduced later. Regular monitoring of regulatory acts and consultations with lawyers will help avoid unexpected challenges to the MAC.

Obtaining a deferment from mobilization on the basis of parental care is possible if all legislative requirements are met and the necessary documents are collected.

The main evidence is the conclusion of the Military Commissariat for Military Service, which must contain a clear indication of the need for *permanent* care. In the event of a refusal by the military registration and enlistment office, the decision can be appealed through administrative authorities or the court.