How to obtain a deferment from mobilization if a relative has died in the war.

Ukrainian conscripts whose close relatives have died or gone missing while fulfilling their duties to protect the homeland are entitled to a deferment from mobilization. This right is enshrined in paragraph 4 of part 3 of Article 23 of the Law "On Mobilization Preparation and Mobilization."

Lawyers from the "INSEININ" company explained how to obtain a deferment due to the death of a relative in the war. This is granted if the deceased or missing relative is:

• husband or wife;
• son or daughter;
• father or mother;
• brother or sister (both full and half-blood).

Under what circumstances can a relative obtain a deferment

Relatives are entitled to a deferment if the death or disappearance occurred during:

• anti-terrorist operations (ATO);
• measures to ensure national security and defense in the Donetsk and Luhansk regions;
• actions to repel and deter armed aggression against Ukraine under martial law.

How to obtain a deferment

Lawyers state that the first step is to contact the TCK and SP with a request for a deferment. To do this, a specific set of documents must be prepared.

The application must include:

• documents confirming family ties (birth certificate, marriage certificate, certificate of family member of the deceased);
• documents confirming the fact of death or disappearance (death certificate, court decision, extract from the missing persons registry).

Then, the deferment commission reviews the submitted documents and makes a decision regarding the granting or denial of the deferment. If the decision is positive, a certificate is issued, and the information is entered into the "Oberih" registry and displayed in the "Reserve+" app.

Legal experts note that a deferment is granted only when there is documented evidence of the relative's death or disappearance. Additionally, individuals with a deferment cannot be mobilized without their voluntary consent.

The right to cross the state border during martial law is also granted to the relatives of the deceased or missing persons, lawyers emphasize.

Problems in obtaining a deferment

In practice, the process of obtaining a deferment can be complicated, as verifying family connections and the fact of death often requires contacting military units and requesting the necessary documents.

"In practice, to obtain it, you often have to demand these documents in person for a long time, or you should contact the relevant TCK and SP to expedite the process with the necessary documents", experts add.

Previously, "Telegraph" reported whether a man can obtain a deferment if his wife is pregnant with their third child. Lawyers provided explanations based on legislation.