Deferral or Discharge from Mobilisation: The Legal Differences

The Law Broadens the Grounds for Deferral and Narrows Those for Discharge

Lawyer Danylo Makarenko says: the issues of deferral and discharge from service are governed by two different laws. The grounds for discharge are significantly narrowed. This concerns, in particular, those raising children with disabilities or with other serious illnesses for whom disability status has not been established, as well as those who have a spouse with a disability.

He explains: if this is a ground for deferral, then the mere fact that you have a spouse with a disability is sufficient. But when it comes to discharge, it is also necessary to provide information about the need for constant care of the spouse.

'There are situations where people are entitled to a deferral but did not formalise it properly or in time, as a result of which they were mobilised. And after that they cannot be discharged, because the ground for discharge is narrower and they can no longer rely on it,' Danylo Makarenko emphasised.

He also stressed that the number of children with disabilities does not change the grounds for deferral or discharge. If there is one child or more, a deferral can be obtained, but a discharge will not be granted regardless of the number of children.

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