Postponement from Military Draft Due to Caring for a Wife with Third-Group Disability: Legal Insights
In the context of Ukraine’s current military policies, where general mobilization and a state of war are officially declared, many men subject to conscription find themselves facing a difficult dilemma: to serve in the army or to seek legal ways to postpone their military service.
One potential legal avenue is applying for a postponement based on caring for a wife with third-group disability.
Lawyer Hennadiy Kapralov explained to UNIAN that Ukrainian law permits a conscripted man to request a deferment if his wife has a third-level disability.
Importantly, the law does not specify that the wife must have first or second-level disability—instead, confirming third-group disability through proper documentation suffices.
The essential documents include a marriage certificate, an MSEC disability certificate, and a family composition certificate.
However, conflicts may arise when military recruitment offices refuse the postponement despite all documentation being in order, often citing updates in the «Reserves+» database.
In such cases, it is advisable to request a written refusal, which can then be challenged in court.
If the court rules in favor of the military applicant, the military enlistment office is obliged to grant the postponement.
It is also worth noting that during summer holidays and university enrollment periods, obtaining such deferments can be more complicated, impacting eligible men’s ability to delay service legally.