Legal advice

Current legal issues of mobilization: answers for everyone

No matter how much has been written about mobilization, mobilization issues, disability and other related situations, but after the entry into force of the new editions of the previously valid laws and in connection with the adoption of some bylaws to them, more and more problems arise, as and unclear situations.

The lawyers of the “Repeshko and Partners” Bar Association comment on topical issues that have arisen recently and are the most popular.

  1. How men with disabilities cross the border

Border crossing rules currently require the presentation of a document certifying disability. The certificate of the medical and social expert commission (MSEK) is not a document that allows the crossing of the state border of Ukraine.

The documents certifying a person’s disability and accepted by border guards for crossing the border are the following:

  • Disability ID card. In order to obtain an identity card with a disability, you must first apply for state social assistance. Already after the appointment of such assistance, a corresponding certificate is drawn up. Persons with disabilities since childhood receive such a certificate. In order to assign state social assistance to persons with disabilities since childhood, it is necessary to apply to the structural unit for social protection of the population or the center for the provision of administrative services, with the relevant documents. In addition, it is issued to persons who do not have the right to a pension, and persons with disabilities who are entitled to receive state social assistance. Decisions on the assignment of such social assistance are made by subjects of administrative service provision after consideration of the required package of documents. The certificate is drawn up and issued on the day the application is received, but no later than 15 working days after the appointment of state social assistance.
  • Pension ID card, which indicates the group and cause of disability. A pension certificate with a mark of disability is issued to the person who has been assigned a pension or to his legal representative. At the same time, the algorithm of actions will be as follows: the person receives a certificate from the MSEK and goes to issue a disability pension. After a person has been issued a disability pension, it is possible to order a pension certificate. In some bodies, orders for certificates are accepted simultaneously with the acceptance of documents for the appointment of a pension. You need to ask about this separately and have a photo card in hand.

This pension certificate is issued by the territorial bodies of the Pension Fund of Ukraine, the approximate term for issuing the document is 30 days, while the paper pension certificate must be prepared in four weeks, and the electronic one – within thirty working days from the date of receipt of the pension application.

  • Certificate of receipt of benefits by persons who have a disability and are not entitled to social assistance, the form of which is approved by the Ministry of Social Policy. The certificate is issued by structural subdivisions on social protection of the population of district state administrations, executive bodies of city councils, executive bodies of rural, settlement, city communities or centers for the provision of administrative services within five working days from the date of receipt of the application.

In order to clearly know which document you have the right to receive, we advise you, after receiving the MSEK certificate of disability, to contact the Department of Labor and Social Protection of the population at your place of residence, where it will be explained to you what specifically you are entitled to as a disabled person – pension or social assistance.

In addition to the specified documents, a person must have a military registration document (VOD). Usually, the specified document will be actively demanded at checkpoints when approaching the border, checking it at the relevant bases.

  1. Grounds for refusal to cross the border

The issue of crossing the border is regulated by Resolution No. 57 of the Cabinet of Ministers of Ukraine dated January 27, 1995, as amended. So far, after the adoption of new editions of the mobilization laws, there have been no changes to the rules for crossing the border in a global sense. According to current legislation, every man between the ages of 18 and 60 must always carry a military registration document, which, in turn, the border guards have the right to demand and check.

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Additional powers to border guards were granted by Resolution of the Cabinet of Ministers of Ukraine No. 560 of 2024. This resolution stipulates that men between the ages of 18 and 60 will be refused entry at checkpoints across the state border of Ukraine in the following cases:

  • Absence of a military registration document (VOD in electronic form);
  • In any case, the Unified Register of conscripts, conscripts and reservists contains information about the submission of such a person to the wanted list by the National Police;
  • In any case, the Unified Register of conscripts, conscripts and reservists contains information about the submission of such a person to the National Police, and in connection with this, the police will be called for administrative detention and delivery of such a person to the nearest territorial center of recruitment and social support

Therefore, in order to cross the state border of Ukraine safely and without risks, male citizens need to take care of properly issued documents in advance. In order to avoid unnecessary excitement, you need to make sure of two mandatory things before the trip:

  • An appropriate military registration document (certificate for conscripts, military card or temporary conscript card).
  • Make sure that there is no information about the search for a person in the registers by downloading “Reserve+” or update the data through TsNAP or TCC and JV.

We will not comment on the extent to which these norms comply with the Constitution and other current laws of Ukraine.

  1. The presence of other relatives in the care of the parents to provide a reprieve for the son

Should a son who takes care of a sick father or mother receive a deferment in the presence of other relatives? This is a rather controversial issue, as lawyers believe that no, some TCCs and JVs insist otherwise. We believe that in the case of a son taking care of his father or mother, the presence or absence of other relatives does not matter for the right to deferment.

Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” dated May 18, 2024 reads as follows:

“Conscripts who are engaged in constant care of a sick wife (husband), child and/or their father or mother (father or mother of the wife (husband), if she herself needs constant care) are not subject to conscription for military service during mobilization care according to the opinion of the medical and social expert commission or the medical and advisory commission of a health care institution, deceased (died), recognized as missing or unaccountably absent, declared dead, and the father or mother of the wife has no other family members who are able to work “connected and can take care of them) who, according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution, need constant care”.

Therefore, in accordance with this clause, persons are not subject to mobilization if they:

  • engaged in constant care of a sick wife (husband), child and/or their father or mother, who, according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution, need constant care;
  • engaged in constant care for the sick father or mother of the wife (husband), who, according to the conclusion of the medical and social expert commission or the medical and advisory commission of the health care institution, needs constant care, if she (the wife) herself needs constant care according to the conclusion of the medical of a social expert commission or a medical advisory commission of a health care institution, deceased (died), recognized as missing or unaccountably absent, declared dead, and the wife’s father or mother has no other able-bodied family members who are obliged and can carry out taking care of them.

At the same time, paragraph 9 should be considered in two levels – the first level is what comes at the beginning before the parentheses – the right to postponement only for the care of a child, a wife (husband), one of one’s parents. This is an unconditional basis for releasing a person from mobilization. The next level is what comes in parentheses and concerns the care of one of the wife’s (husband’s) parents, but under certain conditions defined below.

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Therefore, a person engaged in constant care for a sick wife (husband), child and/or his father or mother, who, according to the opinion of the medical and social expert commission or the medical and advisory commission of a health care institution, need constant care in no case is subject to conscription during mobilization, regardless of whether the sick listed relatives have other able-bodied family members who are obligated and able to provide such care.

In connection with this issue, we would like to draw attention to one more nuance – if there is a previously established disability and a certificate from the Ministry of Health and Welfare in which the need for outside care is not indicated, but the person’s health condition has significantly deteriorated and in fact the person needs outside care, but the disability , for example already installed and installed for life. In this case, you need to pass the LKK additionally. The family doctor gives a referral for the LCC, which is accordingly recorded in the patient’s medical record. In this record, the doctor determines the state of health of the patient at the time of application and issues a certificate with the determination of the state of mobility in points. If the score is less than 53, the person needs constant care.

In order for the TCC and JV to have fewer questions on this matter, we advise you to immediately add the following documents to the application for postponement:

  • in the absence of other adult children and spouses – as many documents as possible that confirm these circumstances (death certificate, court decision on divorce, etc.)
  • if there are other adult children and spouses – written explanations addressed to the head of the TCC and SP from the person who needs care with an explanation of what was written above, as well as a wish that the care should be carried out by the son.
  • in case of receiving a refusal from the TCC and JV, appeal it to the court.
  1. Presence of a military registration document when crossing the border

Since July 17, for all men aged 18 to 60, the presence of a military registration document is mandatory when crossing the border. These documents can be both in paper and electronic form. In the absence of a military registration document, border guards refuse to leave Ukraine.

Also, the reason for refusal may be the presence in the Unified State Register of conscripts, conscripts and reservists of information about the search for a person by the National Police. In such cases, a police officer will be called for the administrative detention of the person and his delivery to the nearest territorial center of recruitment and social support.

The military registration documents of men who have the right to cross the border on the basis of a postponement of the draft or exclusion from military registration due to health conditions must contain relevant information or a certificate in a specified form, approved by Cabinet of Ministers Resolution No. 560 of May 16. At the same time, the categories of persons who are allowed to leave Ukraine in accordance with the Rules for crossing the border by citizens of Ukraine have remained unchanged for now.

After July 16, 2024, all the specified norms will continue to apply to the same extent, and therefore the postponement will continue to be issued if the person has grounds.

The main thing is not to be afraid to defend your point of view, as you believe that it really corresponds to the current legislation. TCCs and joint ventures also employ living people who can make mistakes and have doubts. Sometimes, even after carefully re-reading a familiar rule of law, you can discover unexpected things.

 

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