The court canceled the mandatory proof of care for parents for deferral.

Court decision regarding deferral from conscription

According to ТСН: To receive a deferral from conscription during mobilization, individuals who permanently care for sick parents are not required to prove the absence of other relatives capable of fulfilling this role.

This decision was made by the Kirovohrad District Administrative Court, which considered the case on the refusal to provide a deferral.

The materials of the case state that the serviceman submitted a request for deferral, citing paragraph 9 of part 1 of article 23 of the Law "On Mobilization Preparation and Mobilization," as he cares for his father, a group I disabled person. The application included documents confirming the father's disability and the fact of care, including a conclusion from the MSEC and a certificate from the Department of Social Protection.

The applicant did not receive information about the decision made for a long time, and only a month later he was informed about the return of the application without explanation. Only after the initiation of court proceedings did the respondent provide an excerpt from the protocol, stating that the deferral was denied due to the alleged lack of confirmation of the ability of other persons to care, as well as due to the lack of a conclusion from the LCC about the need for constant care.

In its decision, the court emphasized that the law does not require the applicant to submit information about other able-bodied family members who could provide constant care.

"In Annex 5 of Order No. 560 for obtaining a deferral under paragraph 9 of part 1 of article 23 of Law No. 3543, in the case of providing constant care for one’s sick father, there is no requirement for the provision of documents confirming the impossibility of other persons to provide constant care," the court noted.

The court's decision also indicates that such information is only needed in the case of caring for the wife's parents. The responsibility for checking the data about other persons who could care for sick parents lies entirely with the respondent. However, in this case, such verification was not carried out, and the plaintiff was immediately denied the deferral.

The court satisfied the administrative claim of the man, recognizing the inaction of the Commission as unlawful, which violated the deadlines for considering his application for deferral and did not provide the necessary information about the results of this consideration. The court also canceled the previous decision to refuse.

Recall that from November 1 of this year, new rules for processing deferrals from conscription came into force, under which some conscripts can extend their deferrals without a personal visit to the TCC.

This case emphasizes the importance of adhering to procedural norms during the consideration of issues related to conscription. It is important that all participants in the process fulfill their responsibilities, guaranteeing the right to defense and justice for those in difficult life situations. Changes in the rules for processing deferrals also provide more opportunities for conscripts in cases where their relatives need constant care.