From November 1, 2024, new regulations regarding the mobilization of people with disabilities came into force in Ukraine. According to them, all citizens with an officially registered disability status have the right to postpone mobilization on general grounds. According to the law, persons with disabilities of all groups — from the first to the third — are exempt from mobilization if they have the appropriate documents confirming their status.
Who is definitely not subject to mobilization
According to the comments of lawyer Tetyana Savchenko, Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" clearly regulates the right of persons with disabilities to postpone mobilization. In particular, this provision applies to people with any group of disabilities — from the first to the third. At the same time, forced mobilization for persons with disabilities (especially the second and third groups) is illegal. Thus, citizens with the status of a disabled person of any group are protected from conscription.
Previously, the possibility of canceling the deferment for people with disabilities of the third group was discussed. However, such changes were never approved, so people with the third group of disabilities are also exempted from mandatory mobilization if they have the necessary supporting documents.
The possibility of mobilization on a voluntary basis
A person with a disability has the right to voluntarily join the ranks of the Armed Forces of Ukraine. For example, men with the third group of disabilities can sign a contract with the Armed Forces of their own free will. To do this, they need to pass a medical commission (MSEK), which will determine the state of health and ability to perform the duties of a serviceman. In the case of a positive conclusion of the medical commission, the disabled can become part of the Ukrainian army on a contract basis.
Do you need to update your status at the Military Commissariat?
For persons who became disabled after the start of the full-scale invasion of Russia, a re-commissioning is required to confirm the status. If the medical commission does not find reasonable grounds for disability, the deferment is lost, and the person may become fit for service.
In November, it is also expected that men with disabilities will be able to update their status online through the Reserve+ application. This function will make it possible to avoid visiting military commissariats and simplify the process of obtaining and extending the deferment.
Who does not need to prove a disability: exclusions
There are also cases when persons with disabilities are exempted from the need to go through a re-commission to confirm their status. These include:
- Increasing or decreasing the disability group;
- Disability received due to injury or illness in the service;
- Absence of limbs, one of paired organs or significant health disorders (cerebral palsy, oncology, mental disorders, etc.).
People with the first group of disabilities are also exempted from the need to confirm the status, since this level of disability is usually associated with severe or incurable diseases.
