Data on persons with disabilities who are entitled to a deferment from military service have not yet been integrated into the Unified State Register “Oberih”. This makes it difficult to automatically grant deferments for military service to such persons. The Ministry of Social Policy of Ukraine explained to the Judicial and Legal Newspaper that it cannot transfer the data of persons with disabilities to the Oberig Register due to lack of funding.
In April 2024, a law came into force in Ukraine that provides for the digitalisation of the military registration process and the exchange of data between registers of various state bodies. In particular, this applies to the Oberig Register, which should automatically include information on persons with disabilities who are entitled to a deferment of conscription.
Among other things, the bodies maintaining the Register, i.e., the MCCs, would have to receive electronic information from
- The Pension Fund – information on the establishment, change of disability group; information on employment (EDRPOU code and location of the enterprise, institution, organisation, place of work, position, length of service); information on work experience in the speciality.
- TheMinistry of Social Policy – information about the establishment, change of disability group; place of residence and place of stay; communication numbers and e-mail addresses; information about an internally displaced person; information about parents (adoptive parents), guardians, trustees and other representatives, as well as children (surname, name, patronymic (if any), date of birth) – only with the consent of the conscript, person liable for military service, reservist; information about the marital status of the person and information about his/her family members (surname, name, patronymic (if any), date of birth) – only with the consent of the conscript, person liable for military service or reservist; information on the restriction of civil capacity, recognition of a person as incapacitated (restoration of capacity).
Such an approach would greatly simplify the procedure for granting deferments, as recruitment centres would be able to obtain the necessary data on their own instead of a personal application from citizens.
Funding issues and technical difficulties
However, in practice, the implementation of this law has faced serious problems.
The main one is the lack of funding, which prevents the Ministry of Social Policy from ensuring the transfer of data to the Oberig Register.
“The Ministry of Social Policy of Ukraine and the Ministry of Defence of Ukraine signed an agreement on information cooperation on 4 June 2024. However, as of today, the Agreement has not been implemented due to lack of funding, so the transfer of information from the databases of the Ministry of Social Policy to the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists is not carried out,” the Ministry of Social Policy said in a response.
This means that information about persons with disabilities is not automatically included in this register, as provided for by law.
Implications for citizens and CCCs
Due to these problems, citizens who are eligible for deferral are forced to personally apply to territorial recruitment centres and provide documents confirming their status.
This creates an additional burden on the TACs, which are already overloaded with work due to mobilisation measures.
In addition, this situation increases the risk of errors and complicates the procedure for granting deferrals, which can lead to inappropriate conscription of persons with disabilities.
As of today, citizens entitled to deferment can only rely on their own awareness and timely application to the MCC to protect their rights.
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