Most will lose the delay from mobilization: what will change from 1 August and whom they will call to the Armed Forces
In particular, the right to defer will be lost: the most questions are raised by experts related to the most sensitive issues. For example, granting the right to a delay from mobilization to men who independently educate minor children. Having a living and legal mother does not always mean that the children will look after anyone if the father is taken to the front. However, the legislators do not bother this moment.
People's Deputy Fedor Venislavsky in conversation with Focus notes that the profile committee of the Verkhovna Rada has long discussed the issue of deferred for single parents and decided to prescribe this item so as to avoid corruption risks. "We decided that a legal fact of independent upbringing of the child should be established. Then a person will be able to receive the right to defer. Otherwise, there will be mass ash consumption.
Therefore, according to the law, men and women who have children under 18 years of age whose The second parent has died, deprived of parental rights, recognized as missing, or serves a sentence of imprisonment, has the right to defer from mobilization. It is known that before the entry into force of the new rules, there were more cases in Ukraine when the conscripts have gone to the courts to obtain the status of a single father.
The register of court decisions included hundreds of verdicts on establishing the fact of education and maintenance of the child by the father without the participation of the mother. According to the law, the status of a single father may confirm the mother's death certificate or court decision that the woman has disappeared or deprived her of parental rights.
But in practice, the courts made a decision to establish the fact of independent upbringing of the child on the basis of the assertion of the mother, which does not participate in the upbringing of children. And as evidence, the court took an act of inspection of the premises where the father resides with the child. And also documents confirming that the man holds the child on his own. For example, paid accounts for additional extracurricular classes.
At the same time, experts said focus that the official status of a single father did not guarantee the conscript 100% of the delay from mobilization. The decision was made by a special commission, which included the chief of the Tax Code, as well as representatives of local self -government bodies - social security, CNAP, the child's rights service. And they, according to lawyer Oleg Leontiev, were not obliged to give a deferral only after the court decision.
Now legislators insist that legal status entitles to the island. But according to lawyer Rostislav Kravts, today the Supreme Court has not yet decided in what way the courts should establish the fact of independent education of the child by one of the parents. "There is a legal designation" Father-singular ", and there is a people's when the wife does not raise a child, lives abroad, but no one has deprived her of parental rights, and she is legally mother.
In the Grand Chamber of the Supreme Court, the question is considered how to establish the fact The child's self -upbringing is not considered by a man to provide a delay. In this regard, single parents who do not have a legally confirmed status are not yet able to confirm it, and therefore cannot apply for a burden. The expert believes that the Tax Code will not take into account the circumstances of each case.
And most likely, men who raise their children will try to challenge decisions through court if they are mobilized. Who will take care of their children at this time remains in question. The conscripts who care for the wife with disabilities of the third group are also deprived of the right to the island. And with them those who care for persons with disabilities I and II groups, if the family has other non -compulsory able -bodied relatives, are obliged to keep them.
In practice, the nominal presence of able -bodied family members does not mean that the person who needs care will receive it. However, the Verkhovna Rada's profile committee was guided by the formula - to maintain a delay from mobilization for those who care for people with disabilities, but to make sure that the norm cannot be used by those who evade conscription.
And everything would be nothing, but the oils were able to pour ministers who interpreted this provision of the law and added to the list of documents necessary for the provision of delay, the conclusion of the medical and advisory commission . What was very surprised by some politicians, including People's Deputy Igor Fris. However, it did not lead to any serious actions by the people's deputies. "Attempted to justify everything with the fight against corruption has become a language.
We have already applied to court to appeal the decision of the Cabinet of Ministers concerning persons with disabilities. I very much hope that this issue will be considered quickly. Because people with disabilities should be eligible for care" , - sums up tailor. Earlier, the focus understood how the legislation regulates the right to defer for students and graduate students. Focus also wrote that the persons who were installed a disability group after February 24, 2022 should re -undergo the VLK.