Can a man whose father is a disabled person of group II be mobilized?

Mobilization is a set of measures carried out with the aim of systematically transferring the national economy, the activities of state bodies, local governments, enterprises, institutions and organizations to functioning in a special period, and the Armed Forces of Ukraine, other military formations, and the Civil Protection Operational Rescue Service to the organization and staff of wartime.

According to the Law of Ukraine “On Mobilization Preparation and Mobilization”, a man whose one of his parents, wife or adult child is a disabled person of group II, and who does not have another person to support them, cannot be mobilized. However, data on the postponement of mobilization due to the disability of a family member is not entered into the “Oberig” system automatically – they must be added by the SP or the CCC. Therefore, a man who takes care of a disabled person may receive a summons. Depending on the degree of previous completion of the mobilization stages, this will be a clarification of data, a referral to the VLK, a mobilization order or a call to the assembly point. The law firm “DE-JURE” knows what to do.

— Failure to appear for a summons without good reason is a minimum fine of 17,000 hryvnias, and a maximum — criminal liability, — notes the lawyer of the law firm “DE-JURE” Larysa Kys. — Since the deadline for appearing for a summons is short and it is not always possible to collect all the necessary documents, I advise those who are entitled to a postponement to submit an appropriate application to the CCC even before receiving the summons.

Before accepting an application for a postponement at the CCC, the man will be asked to provide a copy of the military registration document (VOD) of the new sample in paper form or in the form of a military ticket or officer’s certificate. If the VOD is of a different sample, it will first have to be updated and a number of certificates will have to be brought in order to fully fill out the EDRPVR (Oberig) and form a personal file.

Legal nuances and confirmation of the right to a postponement

In accordance with clause 13 of part 1 of article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, the right to a postponement is granted to persons who provide care for close relatives with disabilities of groups I or II, provided that there are no other able-bodied persons who can provide care. However, to obtain official confirmation of this right, it is necessary to provide appropriate documents. The main package of documents confirming the right to a deferral includes:

• a medical certificate establishing disability (MSEC certificate);
• a certificate of family composition or a certificate of cohabitation with a person in need of care;
• documents confirming the absence of other dependents (for example, a certificate from social security authorities);
• an application to the CCC with a request for a deferral.

What other documents are required for a deferral, read in the full commentary of the DE-JURE company to the Fakty publication at the link. Preparing these documents in advance will help avoid misunderstandings during the mobilization process and reduce the risks of receiving a summons without taking into account the legal right to a deferral.

In addition, timely execution of all necessary certificates allows you to minimize the risks of legal disputes and avoid additional difficulties when applying to the CCC. In the event of an unlawful call for mobilization, the presence of confirmed documents will become a weighty argument in a judicial or administrative appeal of the decision of the military registration and enlistment office.

How the law firm “DE-JURE” will help

To avoid difficulties in the process of obtaining a deferment from mobilization, it is important to properly prepare all documents and correctly formulate an application to the CCC. The law firm “DE-JURE” provides a full range of services in military law, including consulting, assistance in collecting the necessary documents, drafting applications and support in the event of appealing the unlawful actions of the military registration and enlistment office. Thanks to professional legal support, you will be able to protect your rights and avoid illegal mobilization.