On 1 October, Bill No. 16118 was tabled in the Verkhovna Rada, setting out additional grounds for deferral during mobilisation and for discharge from military service. The initiative stems from the need to provide constant care for a family member with permanent physical disabilities, according to the bill’s details on the parliament’s website.
Briefly about the main points
- Bill No. 16118 was registered with the Verkhovna Rada on 1 October.
- This document concerns deferrals and discharge from service on grounds of the need to provide full-time care.
- As of 2 October, the draft is being considered by the relevant committee.
- He is not introducing any new rules for the time being.
- The current law already provides for leave to care for sick parents, subject to medical certification.
What is the status of the bill?
According to the Verkhovna Rada, as at 2 October Bill No. 16118 It is currently being considered by the Committee on National Security, Defence and Intelligence. The document has not yet been adopted, so it does not alter the current rules on deferrals and discharge from service.
Among the sponsors of the bill are — Oleksiy Honcharenko, Sofiia Fedina, Valentin Nalyvaichenko and Iryna Gerashchenko. A total of 13 initiators are listed on the project card.
What does the law already stipulate for those liable for military service?
The current Article 23 of the Law «On Mobilisation Preparation and Mobilisation» already provides for a separate grounds for deferral a person liable for military service who is the primary carer for a sick father or mother. The need for such care must be confirmed by a medical certificate or a decision by a panel of experts assessing the person’s daily functioning.
Separately, the law provides for a deferral where the father or mother has a Group I or Group II disability — subject to the conditions laid down by law. Consequently, the need for constant care and the parents’ disability constitute different legal grounds.
Illness, old age or domestic constraints alone are not sufficient grounds for eligibility: proof is required that there is a need for constant care.
Deferrals and discharges from service are subject to different rules
Bill No. 16118 also provides for changes regarding discharge from military service during a state of martial law. At the same time, the current Law «On Military Duty and Military Service» defines family-related grounds for discharge differently from those for deferment.
In particular, the current provision stipulates that dismissal due to the need to provide constant care for one’s own parents or the parents of one’s spouse who have a Group I or Group II disability and subject to other specified conditions. It will only be possible to assess exactly how Bill No. 16118 proposes to amend these rules once the draft text has been considered by Parliament.
Until the law is adopted, signed and officially published, the current provisions shall apply.
