Deferral Due to Wife’s Group III Disability: Why the Court Upheld the Refusal

The Kharkiv District Administrative Court denied the claim of a husband who sought to overturn a commission’s decision refusing to grant a deferral from mobilization. The conscript cited his wife’s Group III disability and a medical opinion noting she had paralytic syndromes. However, during the case review the court determined that the primary diagnosis in another medical document did not fall within the diseases specified by the relevant legal provision.

This was reported by “Sudovo-Yurydychna Hazeta” citing the Kharkiv District Administrative Court’s decision of 17 September 2026 in case No. 520/16443/26.

How the husband tried to obtain a deferral

On 4 June 2026 the conscript applied through the administrative services center for a deferral. He relied on paragraph 12 of part one of article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” as the basis for the deferral.

According to the applicant, his wife has a Group III disability, and the medical opinion of the Medical Advisory Commission No. 419 dated 28 May 2026 lists a diagnosis associated with other paralytic syndromes.

To confirm the right to a deferral, the husband submitted a marriage certificate, copies of his wife’s passport and tax identification number, the MAC opinion, an extract from the expert team’s decision on the assessment of the person’s everyday functioning, and excerpts from the inpatient medical record.

However, on 9 June the commission issued a refusal. The notice stated that the submitted documents did not meet the requirements of appendix 5 to the Procedure approved by Cabinet of Ministers Resolution No. 560. The reason was that, according to the commission’s conclusion, the wife’s illness did not fall within the statutory grounds for a deferral.

The husband disagreed with that decision and went to court. He asked the court to recognize the refusal as unlawful, cancel it, and oblige the commission to reexamine the application taking into account the court’s findings.

Which illnesses of a wife with Group III disability entitle a conscript to a deferral

According to paragraph 12 of part one of article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization,” the right to a deferral applies to conscripts whose wife or husband has a Group III disability established as a result of an oncological disease or the absence of a limb, hand, foot, or one of a pair of organs.

In addition, the law provides this right where the spouse with a Group III disability has an oncological disease, a mental disorder, cerebral palsy, or other paralytic syndromes.

To obtain a deferral, it is necessary to document the marriage, the other spouse’s disability, and the presence of the relevant disease and/or the reason the disability was assigned. The list of supporting documents is defined in appendix 5 to Procedure No. 560.

Why the court upheld the commission’s decision

During consideration of the claim the court examined the wife’s medical records.

Although the MAC opinion mentioned other paralytic syndromes among the diagnoses, the extract from the expert team’s decision on the assessment of everyday functioning listed the primary diagnosis as G55.1 — compression of nerve roots and plexuses due to intervertebral disc lesions.

The court noted that this diagnosis does not belong to cerebral palsy or the other paralytic syndromes provided for in paragraph 12 of part one of article 23 of the relevant law.

Therefore, the court concluded that the claimant lacked confirmed grounds to receive a deferral under the cited provision.

As a result of the case review, the Kharkiv District Administrative Court fully dismissed the claim. Thus, the commission’s decision of 9 June 2026 was not overturned by the court of first instance.

At the same time, the court’s decision may be appealed.

Reminder: earlier StopCor explained the circumstances under which a conscript may lose the right to a deferral and how to check its current status.