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Obtaining a deferral from mobilization in accordance with the Law of Ukraine “On Mobilization Preparation and Mobilization”

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Publication date:

06/06/2024

Maksym is the mainstay of his mother, who has a group II disability, and his younger brother, who has been disabled since childhood (group II). Maksym was afraid that if he was mobilized, there would be no one to take care of his mother and brother, so he turned to the lawyers of the Institute for Analysis and Advocacy, a DRC partner, for help.


IAA lawyer Daria Malinnikova checked the available documents, helped to compile a list of additional required documents, and helped to draft an application for a deferment from mobilization according to the relevant grounds. She also explained the procedure for submitting documents and further actions.


With the collected documents, Maksym applied to the Poltava City Territorial Center for Recruitment and Social Support, where he registered for military service, indicating his right to be deferred from mobilization. As a result, the Poltava City TCC decided to postpone Maksym's mobilization for a period of 1 year.


According to Art. 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” in the version of the Law as of the date of the deferment, persons with a spouse from among persons with disabilities and/or one of their parents or parents of the spouse from among persons with disabilities of group I or II are not subject to mobilization, provided that such persons with disabilities have no other able-bodied persons obliged by law to support them.


The provision of free legal aid in Poltava region was made possible through the cooperation of the NGO “Institute for Analysis and Advocacy” with the Danish Refugee Council (DRC) and funding from the European Union's civil protection and humanitarian aid.


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    Daria Malinnikova
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