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Family law Permanent care for a disabled person of the 2nd group as a basis for postponement

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.

Permanent care for a disabled person of the 2nd group as a basis for postponement

In the conditions of modern realities, constant care for a disabled person of the 2nd group is one of the grounds for receiving a deferment from military service.

This article examines the legal aspects and procedures related to the granting of a deferment on the basis of caring for a disabled person.

photo Permanent care for a disabled person of the 2nd group as a basis for postponement

The procedure for obtaining a postponement

In order to receive a deferment, the person providing care must obtain an act of establishing the fact of providing permanent care, an approved form (given in the annexes to the resolution of the CMU No. 560 dated 16.05.2024), and submit an application for receiving a deferment together with the relevant documents to the TCC and SP.

Degree

An important point is what kind of relative the applicant is a person with a disability of the 2nd group. After all, if we are not talking about the first degree of kinship (mother or father), the applicant has the burden of proof regarding the absence of other potential relatives who could provide constant care.

Receipt of the act

The applicant applies with the application and attachments to the relevant local authority (district administration) at the place of registration/residence.

The following documents are attached to the application:

Passport data
Documents confirming the family relationship
A document confirming cohabitation
Medical documents confirming the disability group (appendix to the inspection report of the MSEK indicating the group)
Evidence of the absence or impossibility of care by other relatives of a person with a disability
Military registration document of the applicant

If all the submitted documents match, a commission is formed to consider the issue of issuing an act of care. An act of inspection of housing conditions is carried out and a decision is made to issue the act.

Communication with the military commander

After receiving the above-mentioned act, the person applies directly to the TCC and JV with an application for a deferral and attachments and waits for a decision on whether to grant or refuse to grant this application.

Please note that depending on the location and region, the order of this procedure may differ slightly. For example, some local authorities require a simultaneous application to the TKC or such an application must precede the submission of an application for the establishment of care, etc.

You can find out more about the specifics and conditions of submission to one or another district (region) from our lawyers at a consultation.

It is important to note that the decision to grant a postponement is made by the Military Committee on the basis of the submitted documents. In case of refusal to grant a postponement, a person has the right to appeal this decision in court by applying to an administrative court.

For a successful appeal, it is necessary to have all the necessary documents and arguments that confirm the need for continuous care. Our lawyers are always ready to help you in this.

Conclusion

Permanent care for a disabled person of the 2nd group is a legal basis for obtaining a deferment from the performance of military duties. It is important to comply with all procedural requirements and ensure that a complete package of documents is provided to prove the right to deferment.