It is proposed to expand the deferral from mobilization: who will be able to receive it under draft law No. 15494

The Verkhovna Rada has registered draft law No. 15494, which proposes to expand the list of military conscripts who are entitled to a deferment from mobilization. The changes may affect parents who are actually raising children on their own due to the long stay of the other parent abroad, as well as close relatives of deceased or missing volunteers.

The initiator of the draft law was People’s Deputy Heorhiy Mazurashu.

At the same time, it is important: the new grounds for deferment are not currently in force. This is only a legislative initiative that has yet to be considered by the Verkhovna Rada.

Deferment if the child’s mother is abroad for a long time

One of the key innovations concerns military conscripts who are actually raising a child on their own.

The draft law proposes to grant the right to a deferment if the other parent:

permanently resides outside Ukraine;

or is abroad for at least 90 days during the year.

Thus, if, for example, the child’s mother lives abroad for a long time, and the father remains in Ukraine and actually raises the child on his own, he will be able to apply for a deferral if the relevant changes are adopted.

The author of the legislative initiative explains the need for changes by the interests of the child.

“Considering the option of mobilizing the only close relative of the child who is nearby in Ukraine is, at the very least, inhumane,” noted Heorhiy Mazurashu.

What rules are in force now

The current rules do not provide for a separate basis for a deferral only due to the long stay of the child’s mother abroad.

The right to a deferral for a man who is raising a minor child on his own is associated with other circumstances specified by law – in particular, the death of the other parent, deprivation of his parental rights or recognition as missing.

Bill No. 15494 should actually expand the list of life circumstances under which a conscripted father will be able to receive a deferral.

Deferral proposed for relatives of deceased volunteers

The second important change concerns the families of volunteers.

Currently, the legislation provides for the right to deferral for certain military conscripts whose close relatives died or went missing under certain circumstances related to the defense of Ukraine.

The draft law proposes to extend the relevant guarantee to close relatives of people who died or went missing during volunteer activities in areas of hostilities.

This also applies to cases of death or disappearance of volunteers as a result of missile strikes, bombings or direct combat clashes.

The list of close relatives includes, in particular, a husband or wife, son or daughter, father or mother, and siblings.

What documents may be required

To confirm a new reason related to the independent upbringing of a child, documents on the birth of the child and confirmation of the long-term or permanent stay of the other parent outside Ukraine may be required.

In the case of relatives of volunteers, it will be necessary to document the relevant circumstances of the death or disappearance of a person during volunteer activities.

The specific mechanism for confirming the right to a deferral will depend on the final version of the document and by-laws, if adopted.

When the new rules may come into effect

Currently, draft law No. 15494 is not yet a law, and the grounds proposed by it do not provide an automatic right to a deferral.

The document must be considered by the Verkhovna Rada and all procedures provided for by law must be followed.

Therefore, it is important for those liable for military service who may be affected by the innovation to be guided by the current rules until the law enters into force.