Guardians Risk Losing Deferment When Their Wards Leave the Country.

Eligibility for Conscription Exemption Among Guardians

According to Novyny.live: Individuals serving as legal guardians are entitled to a deferment from military conscription. However, if the person under their care travels abroad, this exemption may be jeopardized. While a brief absence from the country does not automatically revoke a guardian’s legal status, child welfare or guardianship authorities could question whether care or supervision is genuinely ongoing if they learn the ward has been overseas for an extended period.

Criteria for Granting a Deferment

Exemption from mobilization is granted based solely on the established legal guardianship of a person declared legally incapacitated or of children deprived of parental care. To apply for the deferment, the person liable for military service must submit a court decision appointing them as guardian. Deferments may be granted for various reasons, including:

• family circumstances,
• health conditions,
• employment in positions covered by reservation from service.

It is important to note that the deferment is supposed to be renewed automatically.

Despite the legal right to a deferment, a ward’s departure abroad could prompt a review of that entitlement. If the guardianship authority discovers that the ward has been living outside the country for a prolonged time, it may raise doubts about whether the guardian is actually fulfilling their duties. Therefore, guardians should be cautious about their wards traveling overseas to avoid losing their eligibility for a mobilization deferment.

This information is critical for guardians, as it highlights the risks associated with their wards leaving the country. Given the current situation in Ukraine, where conscription remains a pressing issue, guardians must closely monitor changes in legislation and the practices of guardianship authorities to safeguard their rights.