The Verkhovna Rada will revise the criteria for deferment from mobilization as part of the MSEC reform.

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The Verkhovna Rada will review draft law 12178 on the reform of the MSEC "On the Implementation of Assessment of Daily Functioning of a Person" during the upcoming plenary week.

This is reported by the Judicial and Legal Newspaper.

The final version of the draft law, approved by the relevant committee, stipulates that paragraphs 9 and 14 of part 1 of Article 23 of the Law "On Mobilization Preparation and Mobilization," which provide grounds for deferrals for inspectors, will be revised. The changes involve adding the decision of the expert team on the assessment of daily functioning of a person as a basis.

Specifically, conscripts engaged in full-time care of a sick wife (husband), child, and/or their father or mother (father or mother of the wife/husband, if they themselves require constant care as determined by the medical and social expert commission or the medical consulting commission of a health care facility, or by the decision of the expert team on the assessment of daily functioning of a deceased (killed), missing, or presumed dead person, and if the father or mother has no other able-bodied family members capable of providing care) will not be subject to conscription during mobilization, as determined by the medical and social expert commission, or the medical consulting commission of the health care institution or by the decision of the expert team on the assessment of daily functioning of a person who requires constant care (new version of paragraph 9).

Additionally, family members of the second degree of kinship of a person with disability of group I or II engaged in full-time care for them (not more than one and provided there are no first-degree family members or if first-degree family members themselves require constant care as determined by the medical and social expert commission or the medical consulting commission of the health care institution or by the decision of the expert team on the assessment of daily functioning of a person) will also not be subject to conscription. In the absence of first and second-degree relatives, the provision of this paragraph extends to third-degree relatives of a person with disability of group I or II (new version of paragraph 14).

Thus, the content of paragraphs 9 and 14 remains unchanged, but the decision of the expert team on the assessment of daily functioning of a person is added as a basis.

Separately, the final provisions specify that decisions made by medical and social expert commissions and documents issued based on such decisions are legal and valid, equating them to the decisions of expert teams on the assessment of daily functioning of a person, documents issued based on such expert team decisions (including extracts from decisions) and continue to serve as grounds for the registration or extension of rights, statuses, benefits, pensions, allowances, compensations, supplements, and other social guarantees for persons with disabilities, including for purposes defined in the laws of Ukraine "On Military Duty and Military Service" and "On Mobilization Preparation and Mobilization," for the entire duration of the certificate to the act of examination by the medical and social expert commission for conducting planned assessments of daily functioning of a person by expert teams on the assessment of daily functioning.

At the same time, this draft law also provides that men aged 25 to 60 who have been assigned the second or third group of disability with an indication of the date for re-examination will be required to undergo an assessment of daily functioning according to the new law on MSEC reform and the Procedure for conducting assessments of daily functioning of a person approved by the Cabinet of Ministers during the period from April 1, 2025, to November 1, 2025. This will apply to cases where the person’s disability with an indication of the date for re-examination was established before the enactment of the law on MSEC reform, that is, before January 1, 2025, and the date for re-examination fell during the martial law in Ukraine, but the person did not undergo such re-examination in the medical and social expert commissions according to the conditions established by the Cabinet of Ministers.

Furthermore, the document stipulates that for persons with disabilities whose re-examination was scheduled from January 1, 2025, but who could not undergo it in a timely manner, the duration of their disability will be extended until the decision is made based on the results of the assessment of daily functioning of a person, but not later than July 1, 2025.