Disabled individuals will not be delivered to the TCC: what to show at the checkpoint instead of deferment.
A citizen with a disability can exercise their legal right and obtain a deferral from mobilization, but, as it turns out, even without a formal deferral, having only a pension certificate is sufficient.
This was reported by lawyer Oleksandr Prokopeць on the portal 'Lawyers.UA'.
Possibility of detaining a person with a disability
One citizen contacted lawyers regarding the possibility of being detained at the checkpoint of the territorial recruitment center, even if he has a disability.
This man noted that he has not yet received a deferral from mobilization, although he had a disability.
'If you have a disability, you have the right to a deferral and it is better to formalize it. You are also not subject to the military medical commission,' said lawyer Oleksandr Prokopeць.
What the law provides and how things actually happen
The lawyer pointed out that the situation for such citizens is complicated.
'In fact, you are conscripted and they may attempt to apply certain measures if you are stopped, even without a formal deferral,' explained Prokopeць.
However, as the lawyer noted, practice turns out to be different from theoretical norms, and even without a formal deferral, if a pension certificate is shown, they usually will not be bothered.
In light of the above, citizens of Ukraine with disabilities have the right to receive a deferral from mobilization, however, even in the absence of a formal deferral, they may not be bothered if they show a pension certificate. This situation can arise due to the inconsistency between theoretical norms of law and practical application.
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