Starting August 1, certain categories of Ukrainian men, who still have the right to deferment from mobilization, will lose it

Starting August 1, some categories of Ukrainian men who currently have the right to deferment from mobilization will lose it. This is due to the enactment of several provisions of the law passed in April 2024, which toughens mobilization.

In particular, the following groups will lose their right to deferment:

• Students and postgraduate students enrolled in part-time or evening classes, as well as those pursuing a second or third higher education;
• Fathers with multiple children who have alimony debts;
• Men who care for a wife with a Group III disability, as well as other men caring for a disabled person even in Groups I and II, if there are other non-military-eligible able-bodied family members who can provide care;
• Single fathers if the mother has not been deprived of parental rights, is not declared deceased or missing, or is not serving a sentence.

Additionally, employees of enterprises under the Ministry of Defense and half-siblings of those killed in the war will lose their right to deferment; only full siblings are eligible.

The provision revoking the deferment rights of single fathers raises the most questions: in many cases, the existence of a living and able-bodied mother does not necessarily mean that there will be someone to care for the children if the father is called up. Life is unpredictable, and situations where mothers, for various reasons, do not want anything to do with their children are not uncommon.

Questions also arise regarding the cancellation of deferments for men caring for disabled individuals, especially guardians of Group I and II disabled persons who are fundamentally incapable of self-care. The nominal presence of able-bodied family members does not guarantee that the person in need will receive care: for example, what if the “able-bodied family member” is a sister who has moved to Europe or a brother living in another part of the country? And what if the “able-bodied family member” does not wish to care for a particular disabled person?

There is a debate among lawyers about whether a person living outside Ukraine can be considered able-bodied under Ukrainian law. According to Article 3 of the “Law on Employment of the Population,” they seemingly cannot, as it explicitly refers to “citizens residing on the territory of the state on a legal basis.” However, whether this norm will be taken into account by employees of territorial recruitment centers is a big question.

In June, an order from the Ministry of Education and Science of Ukraine was published, which makes it impossible to enroll in full-time postgraduate studies on a contract basis. Contract-based postgraduate students are deprived of the right to deferment.

Meanwhile, the Ministry of Defense of Ukraine has already admitted the possibility of lowering the mobilization age.