The lawyer assured that “there is no sense in the changes”, commenting on the amendments to the law “On Mobilization Training and Mobilization” adopted by the Council.
According to the amendments to the law “On Mobilization Training and Mobilization”, conscripts who have relatives with disabilities do not have the right to deferment, if there are other persons who are obliged by law to support such relatives.
Amendments to the Law of Ukraine “On Mobilization Training and Mobilization” adopted by the Verkhovna Rada on its YouTube channel commented lawyer Rostyslav Kravets.
He drew attention to the fact that a conscript who has relatives with disabilities will not be entitled to deferment from mobilization if there are other persons who are legally obliged (and not just entitled) to support such relatives.
“What does this law say in our country? All these duties are prescribed in our Family Code. We should not confuse duties and rights,” said Kravets.
He explained that there are several articles in the Family Code, for example, Chapter 9 “Rights and obligations of spouses for maintenance”. All articles state that the spouse who is unable to work and needs financial assistance is entitled to maintenance, provided that the other spouse can provide such assistance.
“The articles of the Family Code state that the duty of maintenance exists only in case of necessity and the financial capacity of a person to support a person with a disability. This also applies to grandchildren, it also applies to mutual obligations of both spouses and children,” the lawyer said.
He emphasized again that right and duty should not be confused. So, the obligation arises only after a corresponding court decision. If there is no such court decision, then no one can oblige a person.
“Therefore, even if you have two sons who are conscripted, both of these sons have the right to postpone mobilization if their parents or spouses have disabilities“, Kravets added.
He drew attention to the fact that such changes were not made to the “Law on Duty and Military Service” (Article 26).
“It is the presence of parents with disabilities of groups I and II and a wife that is grounds for dismissal from service. Therefore in principle, there is no sense in these changes“, the lawyer noted.
What is known about the reduction of the list of those entitled to deferment
We will remind you that on June 28, the Verkhovna Rada adopted Law No. 9342, which shortened the list of persons who can receive a deferment from mobilization. Thus, even those men who have relatives with disabilities will be able to mobilize to the ranks of the Armed Forces.
As lawyer Marina Bekalo explained, conscripts who have a spouse (husband) with a disability and/or one of their parents or parents of a spouse (husband) with a disability of group I or II will have the right to a deferral, provided that they have no other able-bodied relatives who are obliged to support them.