What you need to know about deferment from mobilization in connection with the care of family members

Currently, the question of mobilization is becoming extremely relevant for many families, but not all citizens can be called up for service, because some of them have good reasons for postponement. One of these reasons is the need to care for family members who need constant support and assistance.

Lawyers of the “Repeshko and Partners” Bar Association comment on the legal aspects of postponement of mobilization in connection with the care of family members.

Currently, among the reasons for postponing mobilization, the most relevant are those related to the need to care for family members. Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” specifies the following specific grounds for granting a postponement – in connection with illnesses of family members of various degrees of kinship, namely the following points:

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

13) who have one of their parents with a disability of group I or II or one of the parents of their wife (husband) from among persons with disabilities of group I or II, provided that there are no other persons who are not conscripted and in accordance with the law are required to maintain them (except for cases where such persons are themselves persons with disabilities, require constant care, are under arrest (except house arrest), are serving a sentence in the form of restriction or deprivation of liberty). In the absence of non-military conscripts, only one person from among the conscripts may care for a person with a disability of group I or II;

14) family members of the second degree of kinship of a person with a disability of group I or II, engaged in constant care for him (no more than one and provided that there are no family members of the first degree of kinship or if family members of the first degree of kinship themselves need constant care according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution). In the absence of family members of the first and second degree of kinship, the norm of this clause applies to family members of the third degree of kinship of a person with a disability of group I or II;

At the same time, paragraph 9 provides two options for the grounds for granting a postponement:

1. Engaged in constant care for a sick wife (husband), child and/or their father or mother. At the same time, the law does not require the presence or absence of other able-bodied family members who can provide such care. A husband, son, father has the right to deferment based on the very fact of the need for such care without any additional conditions.
2. Engaged in constant care for the sick father or mother of the wife (husband). In order to receive a son-in-law deferment on this basis, two conditions must be met at the same time:

• his wife herself needs constant care according to the opinion of the medical and social expert commission or the medical advisory commission, or has died (died), or is recognized as missing or unaccountably absent, or has been declared dead,
• the wife’s father or mother has no other able-bodied family members who are obligated and able to care for them.

In turn, the resolution of the Cabinet of Ministers of Ukraine dated May 16, 2024 No. 560 “On approval of the Procedure for conscription of citizens for military service during mobilization, for a special period” contains a list of necessary documents in general for this point. However, it is necessary to prove the absence of other persons who are obliged and able to provide care only in the case of the permanent care of the sick father or mother of the wife (husband), everything else will be a violation of the Law of Ukraine “On Mobilization Training and Mobilization”.

For this, it will be necessary to collect:

• documents confirming family ties (marriage certificate for husband, birth certificate for son, etc.);
• documents confirming the impossibility of providing care to another able-bodied family member who is obliged to provide care. Such documents can be one of the following documents:

– conclusion of the MSEK or LKK about the need of another able-bodied family member for constant care;

– death certificate of such a family member;

– the court’s decision to recognize him as missing;

– court decision to declare deceased;

– extract from the Unified Register of Persons Disappeared Under Special Circumstances).

At the same time, it is necessary to have a document confirming their family relationship with the person in need of care for each of these persons.

Note that this list of documents is required only in the case when care is provided by the son-in-law for the mother-in-law or father-in-law. At the same time, the TCC and SP may have a different opinion, therefore, just in case, it is effective to recommend that the father/son/husband prepare a written explanation for postponements on this basis, that the presence or absence of other persons who can provide care does not matter.

Regulatory documents provide for three options for postponement:

1. Conscripts who have one of their parents with a disability of the I or II group or one of the parents of the wife (husband) from among persons with a disability of the I or II group, provided that there are no other persons who are not conscripted and in accordance with the law are obliged to maintain them.
2. Conscripts who have one of their parents with a disability of the I or II group or one of the parents of the wife (husband) from among persons with a disability of the I or II group, provided that there are other persons who are not conscripted and in accordance with the law are obliged to maintain them, but these persons themselves are persons with disabilities, need constant care, are under arrest (except house arrest), are serving a sentence in the form of restriction or deprivation of liberty).
3. Conscripts who have one of their parents with a disability of the I or II group or one of the parents of the wife (husband) from among persons with a disability of the I or II group, provided that there are no other persons who are not conscripted and in accordance with the law are obliged to support them (except for persons specified by the Law) and upon the presence of several conscripts who are obliged to support them, and the choice of a person with a disability to care for the corresponding conscript.

It should be noted that for the first two cases there is no obligation to establish the fact of providing care. The fact of care is mentioned only in the third case, and the law does not specify what kind of care is meant – permanent or temporary. Therefore, according to the Law, documents confirming the provision of care to conscripts are submitted only for the third case. Everything else contradicts the norms of the Law of Ukraine “On Mobilization Training and Mobilization”.

The documents that must be collected for these cases are as follows:

• documents confirming family ties;
• one of the following documents from the list, which proves the impossibility of other persons who are not conscripted and who are obliged by law to support one of their parents with disabilities of the I or II groups or one of the parents of the wife (husband) from among persons with disabilities I or II groups, take care of them:

– disability of such a person,

– her need for constant care,

– stay under arrest (except house arrest),

– serving a sentence in the form of restriction or deprivation of liberty.

For each of these persons, it is necessary to have a document confirming their family relationship with a person with a disability. Persons in need of care must have one of the following documents:

– MSEK certificate;

– a certificate confirming the relevant status;

– a pension certificate or a certificate confirming the appointment of social assistance in accordance with the Laws of Ukraine “On state social assistance to persons with disabilities from childhood and children with disabilities”, “On state social assistance to persons who are not entitled to a pension and persons with disabilities” , which indicate the group and cause of disability;

– documents confirming receipt of compensation (benefits, allowances) for care, if available.

Note that each person needs a document confirming their family relationship with a person with a disability.

In the absence of a document stating that a person receives compensation for care, it is absolutely necessary to obtain an act establishing the fact that the person provides care (permanent care) in accordance with Appendix 8 to Resolution of the CMU 560.

Currently, there are many questions and disputes even among lawyers regarding the drafting of such an act. Therefore, in order to obtain a correctly executed act, it is necessary to first find out in the local community at the place of residence of the conscript and the person he is caring for, whether there is an authority that issues this act. If so, which body is it?

In accordance with Clause 61 of Resolution of the CMU 560, the commission issues an act on the basis of the conscript’s application and verification materials sent by the TCC and SP. Inspection materials are sent to the TCC and SP only on the basis of an application by a conscript. It happens that some commissions issue acts even without these materials.

The received act is submitted to the TCC and JV together with the application for registration of deferment and other necessary documents.

Note that it is better to submit documents to TCCs and JVs in the form of notarized copies.