The Law on Strengthening Mobilization Came into Force: Who Can Get a Deferment from Military Service
Kyiv • UNN
The Law on Strengthening Mobilization Preparation and Mobilization grants persons liable for military service the right to deferment from mobilization during martial law, defining different categories of persons eligible for deferment, including people with disabilities, parents with many children, guardians, civil servants, and certain professions.
Today, on May 18, the law on strengthening mobilization came into force, which, in particular, gives persons liable for military service the right to a postponement of mobilization during martial law. UNN reminds who can get a deferment and can be booked.
Details
Persons liable for military service during mobilization are not subject to call-up:
- booked for the period of mobilization and wartime and are registered in a special military register;
- recognized in accordance with the established procedure as persons with disabilities or, in accordance with the conclusion of the military medical commission, temporarily unfit for military service for a period of 6-12 months. However, then it will be necessary to undergo a medical examination again;
- women and men with three or more dependent children under the age of 18, except for those who have child support arrears exceeding the total amount of payments for three months;
- Women and men who have a child (children) under the age of 18, if the other parent of such child (children) has died, been deprived of parental rights, declared missing or missing without a trace, or declared dead, shall serve their sentence in a penitentiary;
- women and men, guardians, trustees, foster parents, foster parents raising a child with a disability under the age of 18;
- women and men, guardians, caregivers, foster parents, foster parents raising a child with severe perinatal nervous system disorders, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic kidney disease of the IV degree, a child who has been seriously injured, needs an organ transplant, or requires palliative care;
- women and men with a dependent adult child who is a person with a disability of group I or II;
- adoptive parents who depend on a child who, prior to adoption, was an orphan or a child deprived of parental care under the age of 18;
- 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 conclusion of the medical and social expert commission or the medical advisory commission of the health care institution;
- guardian of a person recognized by a court as incapacitated;
- who have a spouse with a disability of group I or II;
- who have a spouse from among persons with a disability of group III established as a result of cancer, absence of limbs (limbs), hands (hands), feet (feet), one of the paired organs, or if a person with a disability of group III has cancer, mental disorder, cerebral palsy or other paralytic syndromes;
- who have one of their parents with a disability of group I or II or one of the parents of their spouse with a disability of group I or II, provided that there are no other persons who are not liable for military service;
- family members of the second degree of kinship of a person with a disability of group I or II, engaged in permanent care for him/her (no more than one and in the absence of family members of the first degree of kinship or if family members of the first degree of kinship themselves need permanent care;
- Heads of ministries and their deputies, heads of state bodies, public administration bodies with jurisdiction over the entire territory of Ukraine;
- people's deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea;
- judges, judges of the Constitutional Court of Ukraine, members of the High Council of Justice, members of the High Qualification Commission of Judges of Ukraine, the Head of the Service of Disciplinary Inspectors of the High Council of Justice, his deputy, disciplinary inspectors of the High Council of Justice;
- Ukrainian Parliament Commissioner for Human Rights;
- the Chairman and other members of the Accounting Chamber;
- diplomatic officers, as well as persons holding the diplomatic rank of Ambassador Extraordinary and Plenipotentiary.
They are subject to mobilization only at will:
- persons with disabilities (for military service under contract);
- persons released from captivity;
- persons under the age of 25 who have completed basic military training or basic military service.
Also, students of vocational (vocational-technical), professional higher and higher education who are studying full-time or dual forms and obtaining a level of education higher than the one they have previously obtained will not be subject to mobilization.
"Persons liable for military service during mobilization are not subject to call-up from among citizens who have performed military service and were released from reserve service in connection with their release from captivity. Such persons may be called up for military service with their consent," the law says.
Also, citizens of Ukraine who were enrolled in educational institutions and had the right to deferment for the duration of their studies but were expelled retain this right until the end of the current academic year.
It is emphasized that the verification of the grounds for granting the deferral and its execution will be carried out by the MCC. The deferment can also be issued using the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists based on data obtained from other state registers, which is to be launched in early June.
The law on mobilization also specifies who can be reserved from mobilization, including persons who are employed:
- in state authorities, other state bodies, local self-government bodies and have categories of public positions "A", "B", "C";
- in state authorities, other state bodies, the National Police, NABU, SBI, Prosecutor's Office, BES, SES, State Criminal Executive Service of Ukraine, Judicial Protection Service, courts, as well as in staff positions of patronage services of state bodies whose jurisdiction extends over the entire territory of Ukraine;
- at enterprises that are recognized as critical.
MPs can book no more than two of their assistants.
The procedure and organization of reservation, criteria, list of positions and professions, as well as the volume of reservations for persons liable for military service will be decided by the Cabinet of Ministers.
Recall
The Cabinet of Ministers of Ukraine introduced amendments to the procedure for reserving persons liable for military service in relation to employees of enterprises of the fuel and energy complex and the sphere of digitalization, in particular, electronic communication services.
