Permanent care for an elderly person. Postponement

According to current legislation, ongoing care is one of the grounds for receiving a deferment.

Recent changes in legislation have brought significant discussions not only in the legal community but also a large number of “fakes” in the Internet space and misunderstandings among the average population.

With the appearance of Resolution No. 560 of the Cabinet of Ministers of Ukraine dated May 16, 2024, significant changes occurred in the procedure for obtaining an act of establishing the fact of care and postponement.

These changes affected the requirements for documentation, the procedure for submitting applications, and coordinating documents with the relevant authorities.

Let’s consider the main points that made the procedure more difficult:

1. A new form of the act for obtaining a deferral: According to Resolution No. 560, it is no longer possible to use acts for traveling abroad as a basis for obtaining a deferment (according to Resolution of the CMU No. 57 of 01.27.1995), as was done before.
2. Military registration document as a mandatory attachment: One of the new mandatory attachments to the application for deferment is a military registration document. This has become an additional problem for applicants who do not have this document available/have only a registered letter/are registered with another TCC and JV.
3. The need to confirm the absence of other non-military persons: In order to receive a deferment, it is now also necessary to provide proof of the absence of other able-bodied and/or other relatives in general, who are obliged by law to support them.
4. Different approaches of local bodies to the interpretation of the resolution: One of the main problems that arose as a result of Resolution No. 560 is the different approaches of local executive bodies (LGBs) to the interpretation and implementation of this procedure. Imperfect coordination and implementation of new requirements can lead to delays in the issuance of acts and, subsequently, to decisions on granting deferments to individuals, as well as to uneven application of legal norms in practice.

How can we be useful?

As of the date of writing this article, the lawyers of the family law practice have already successfully accompanied the Clients in obtaining several new acts establishing the fact of implementation in the city of Kyiv.

If you think this procedure is difficult or almost impossible, we will certainly be able to assess your real chances of success and help.

A lawyer will be able to:

• Conduct a consultation, and provide a clear action plan to achieve the Client’s ultimate goal.
• Analyze your documents, and orientate on the preparation of an application for obtaining an act of establishing the fact of care with attachments.
• Provide full legal support in the procedure of obtaining a certificate of establishment of the fact of turnkey care.

Final conclusions

The specified changes create significant challenges for persons who have a real need to arrange permanent care for an elderly person and to establish it in the legal sphere.

It is important for applicants and their representatives to have a clear understanding of the new requirements of the legislation, as well as to study and consider all the theoretical and practical points of the continuing care procedure for a successful result.