Can the relatives of the dead civilians get a deferment from mobilization? The response of the IOU and the Committee of the Verkhovna Rada
[ad_1]
Relatives of dead or missing servicemen, in particular conscripted men, have the right to postpone mobilization, as well as to travel abroad.
However, do people whose close relatives were civilians and died/missing during the war have such a right?
“Ukrainian Pravda” addressed this question to the Ministry of Defense of Ukraine and the Committee on National Security, Defense and Intelligence of the Verkhovna Rada.
The right to postpone the draft of various categories of persons is defined in the law “On Mobilization Training and Mobilization”.
In particular, the ninth paragraph of the third part of Article 23 of the Law states:
“Women and men whose close relatives (husband, wife, son, daughter, father, mother, grandfather, grandmother or relative (consanguineous, non-consanguineous) brother or sister) died or went missing during the implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in the Donetsk and Luhansk regions, as well as during the provision of national security and defense, repel and deter armed aggression against Ukraine during martial law”.
In response to a request from “Ukrainian Pravda”, the Ministry of Defense and the National Security Committee confirmed that the law does not specify who the dead or missing people (military or civilian) must be in order for their relatives to have the right to a reprieve.
“This provision does not contain instructions or restrictions as to which category – civilian or military – close relatives should belong to (husband, wife, son, daughter, father, mother, grandfather, grandmother or biological (consanguineous, non-consanguineous) brother or sister) women and men, so that the effect of paragraph nine of the third part of the specified article applies to them”the National Security Committee reported.
At the same time, the agency emphasized that the committee’s explanations do not have the status of an official interpretation.
| Photo: Marykor_ua/Depositphotos |
The Ministry of Defense gave a similar answer.
“The department supports the position of the Committee on National Security, Defense and Intelligence of the Verkhovna Rada of Ukraine on the issue raised. In particular, the specified provision of the Law does not contain restrictions on which category (military or civilian) the dead and missing close relatives of women and men should belong to , so that they are covered by paragraph nine of part three of Article 23 of the Law”– say the MOU.
It will be recalled that lawyers previously explained that according to the letter of the law, the relatives of the dead civilians also have the right to leave, just like the relatives of the dead soldiers.
However, it is difficult to predict whether the Military Commissariat and the State Security Service will agree with this in each specific situation.
Contrary to the interpretation of lawyers, the DPSU hotline answered that it is only about people whose relatives died or disappeared during the direct protection of the state.
You can learn more about the departure of relatives of dead/missing people abroad from our material “There is a collision. Is it possible to go abroad if a close relative died or disappeared during the war?”.
[ad_2]
Original Source Link
