Step-by-Step Guide to Securing a Mobilization Deferral for Caring for Ill Parents, Explained by a Lawyer

How to Obtain a Deferral from Mobilization Due to Caring for Sick Parents: Legal Expert Guidance

According to Radiotrek — Світ: Under Ukraine’s Law on Mobilization Preparation and Mobilization, along with Regulations No. 560 and No. 568, individuals liable for military service who provide care for ill parents can apply for a mobilization deferral. Attorney Valentyn Dupak outlines the exact process, required documentation, and the rights of those applying for this exemption.

The legal basis for deferrals related to caregiving for a sick mother or father is found in paragraph 9 of part 1, article 23 of the mentioned law. Successfully obtaining a deferral involves several key steps, including:

• Collecting original supporting documents;
• Submitting these documents to the Administrative Services Center (CNAP);
• Awaiting evaluation by the Territorial Mobilization Commission (TMC);
• Recording the deferral status in the Reserve+ application upon approval.

CNAP staff are legally prohibited from refusing to accept original documents for deferral applications. The Territorial Mobilization Commission reviews submissions within seven days from receipt or the following day after obtaining necessary information from state authorities. Their decision is formalized in a protocol and communicated to the applicant via phone, email, or mail no later than the day after the decision is made. If approved, a certificate following Appendix 6 format is issued; if denied, a written explanation is provided per Appendix 7, and applicants retain the right to appeal the ruling in court.

Importantly, until the commission reaches a verdict, the applicant is exempt from conscription during the special mobilization period. Required documents include the applicant’s passport, taxpayer registration number (RNOKPP), birth certificate, medical disability certificate from MSEC or an EKOFO assessment confirming disability group I or II, or a medical board certificate for the parent. Additionally, a notarized statement or a certificate from the Social Protection Department confirming caregiving duties and any compensation must be submitted.

Applicants are not obliged to disclose information about other able-bodied family members who might provide care. Regulation No. 568, paragraph 58-1, mandates that the Territorial Commission verify the caregiving information.

"Any deferral that is not automatically processed through Reserve+ follows this procedure," emphasizes attorney Valentyn Dupak.

He further notes, "The commission is required to consider the application and supporting documents within seven days of receipt, or no later than the day following the acquisition of related information from government bodies."

This clear framework ensures that those responsible for caring for ill parents have well-defined steps and legal protections when seeking a postponement from military mobilization.

Given the ongoing importance of mobilization matters in Ukraine, understanding these procedures offers critical support to caregivers during a challenging time. It also highlights the necessity of legal safeguards and access to information amid martial law conditions.