Military Office Denied Deferment to Man Caring for Sick Mother: What the Court Decided
A territorial recruitment center denied a man a deferment from military conscription during mobilization, despite his claim that he needed to support his mother, who has a Group II disability. The decision was based on the fact that the man has a sister who may also provide care for their mother.
The man filed a claim with the Ternopil Administrative Court. He asked the court to declare the recruitment center’s decision unlawful and cancel it.
He also requested that the court require the recruitment center to reconsider his application.
Under paragraph 13 of part one of Article 23 of the law on mobilization preparation and mobilization, a deferment may be granted to people caring for a relative with a disability if there are no other individuals able to provide such care.
The court concluded that the sister’s residence abroad does not remove her duty to support and care for her mother. As a result, the court found that the claimant had not proven sufficient legal grounds for a deferment and fully dismissed his administrative lawsuit.
Mobilization in Ukraine: key updates
Previously, the Ukrainian Parliament’s Commissioner for Human Rights, Dmytro Lubinets, said that territorial recruitment center representatives had begun forcibly taking men liable for military service from their homes. According to him, around 10 such incidents had been documented. He suggested that officials could be testing the legal response to these actions.
It was also reported that the government approved changes to the rules for reserving employees from mobilization. The proposed measures would reduce reservation limits for enterprises in the defense industry, energy sector, heat supply, water utilities, and household waste management.
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