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Automatically translated version. May contain inaccuracies compared to the original.
The non-governmental organization "Ukrainian Center for the Protection of Human Rights," headed by former ombudswoman Lyudmyla Denysova, published some provisions of a draft law regarding deferments from mobilization for men who have children or close relatives with disabilities. The full document is not publicly available; the center says the text, a comparative table, and an explanatory note were sent to them from the Office of the Military Ombudsman. And although nothing has been decided yet, the proposed changes have caused a wide public reaction. Why and what exactly is at issue — in this review by Korotko pro.
Children up to 18 years old
What now: Parents who raise a child with a disability up to 18 years old have the right to a deferment. This provision was introduced in 2005 by the Law "On Mobilization Preparation and Mobilization." Since July this year, the Ministry of Defense launched automatic extension of deferments through electronic state registries.
What is proposed: Establish additional conditions for obtaining a deferment. If a family raises one child with a disability and both parents are present, the father's right to a deferment on this ground may be lost. In other words, the father would be subject to mobilization.
Likewise, the right to a deferment (currently approved in p. 6 ch. 1 art. 23 of the Law "On Mobilization Preparation and Mobilization") may be lost by liable men who are fathers of a single child with a severe illness without an established disability.
A deferment would be retained if the child is under 18 years old and has no mother required to raise them, or if the family has two minor children and one child has a disability.
"Today there is a legal collision: parents of children who have been granted a disability receive exemption from mobilization," says attorney Viktor Naumchuk. "Parents of children who were drafted into the Armed Forces before the child's disability was established or a severe illness diagnosed cannot be demobilized. To equalize children's rights to parental care, draft law No. 15057 was submitted to the Verkhovna Rada, but it is blocked by our defense ministry. If the new proposals are approved by deputies, children will also be equalized in rights, but not by expanding them — rather by narrowing them. In fact, this contradicts Article 22 of the Constitution of Ukraine."
Mothers of children with autism spectrum disorders are most worried: "How is this even possible? How is a mother supposed to care for a child with a disability if she cannot even leave the house for food and medicine when the husband is not home, because the child cannot feed themselves or go to the bathroom alone?" — one such mother writes on Facebook.
Wives with disabilities
What now: If a wife has a Group I or II disability, the husband receives a deferment based on the marriage itself and the confirmed disability. If Group III disability is present, a deferment is granted in the following cases:
the disability was established as a result of cancer,
a limb or one of paired organs is missing,
there is a mental disorder, cerebral palsy, or other paralytic syndromes,
there is an official conclusion from a medical-consultative commission, MSEC, or EKOPFO about the need for constant external care.
What is proposed: For men whose wives have Group I and II disabilities, require a mandatory certificate proving the need to provide constant care. The same additional condition is proposed for families where the wife has Group III disability due to cancer, missing a paired organ, etc.
Many commenters say that even with a severe disability group, the medical advisory commission (LKK) refuses to issue a care certificate, because a person who can stand is often recognized as not requiring constant care.
"I have Group II disability (cancer). Yes, I can move on my own, they won't give me constant care, but people who have been through this path or their relatives will understand. When you lose consciousness after treatments, when after chemotherapies you lie like a vegetable, but our authorities do not take this into account. You walk — so you're fine, that's it. How without support?" — wrote Facebook user Lyudmyla Mamchur.
Caring for relatives
What now: Amendments to the CMU resolution 16.05.2024 No.560, introduced in May 2025, provide that to obtain a deferment due to the age or health of a father or mother, father-in-law or mother-in-law, one needs (either/or):
an act establishing the fact of providing care,
a certificate of receiving compensation for care (social payments from the state).
On the basis of such documents a deferment for caring can be granted for relatives of the second degree of kinship (brother, sister, grandfather, grandmother) and third degree (uncles, aunts, nephews/nieces).
Care documents for a deferment are not required for liable persons who support one of their parents or one of the wife's parents with Group I or II disability, and there are no other persons who must support them (able-bodied husband, wife, or non-liable children). The presence of such relatives is currently verified by the Territorial Centers for Recruitment and Social Support via registries.
A deferment is granted to guardians of incapacitated persons provided that guardianship is established by a court. The number of other guardians is not taken into account.
What is proposed: For persons whose one of the parents (their own or their wife's) has Group I or II disability, introduce a requirement to confirm the need for constant care.
For liable persons who provide constant care for sick family members, provide the absence of other persons who could provide such care.
Exclude the ground for deferment for third-degree relatives and introduce additional restrictions for second-degree relatives (which specific restrictions are not specified in Denysenko center's post).
For guardians of persons declared incapacitated by a court, add a condition about the absence of other guardians or caretakers.
"If Group II disability comes with some limitations but can still be in question, then what is the point of requiring a document about care for persons with Group I disability," summarizes attorney Naumchuk. "Group I is given to persons who a priori cannot survive without outside help. Such initiatives only create unnecessary bureaucratic burden on the medical system. Unless the Territorial Centers for Recruitment and Social Support get a breather to mobilize a son while he is arranging a care certificate for his father."
"I am a person with Group II disability, I am 64 years old, I recently had a heart attack, and the only person who was with me was my son. Now I cannot exert physical activity, and with this draft law they want to leave me to die?" — comments like that from Mykola Smola of Kharkiv are common now.
Lowering the 'panic level'
The publication of the "Ukrainian Center for the Protection of Human Rights" caused a real uproar.
"When I opened my social networks Monday morning, I saw a bunch of requests for comments about changes in mobilization conditions," says attorney Daria Tarasenko.
The lawyer advises lowering the "panic level."
"The first thing I want to say about this: the military ombudsman is not an initiator of legislation, he does not have the right to submit draft laws to the Verkhovna Rada. In this case the Office of the Military Ombudsman shared with the Ministry of Defense its view of how to solve the problem. Whether there will be changes in the list of grounds for deferment or not — the Ministry of Defense will play a key role in any case. The final word will be with the deputies of the Verkhovna Rada," reminds Daria Tarasenko.
Document: PDF proof of the original version of the news item "Призов батьків дітей з інвалідністю: що хочуть змінити в правилах мобілізації". It records the publication content at the moment of the first scan, the preservation date and the source: KP.UA.
