What Article 23 of the Mobilization Law Is About

Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” defines which conscripts are not subject to conscription during mobilization and who has legitimate grounds for deferment.

This is why search queries such as “art 23 on mobilization,” “art 23 of the Law on mobilization,” “mobilization law article 23,” and “article 23 deferment from mobilization” practically concern the same issue – whether a particular person has a legal right not to be conscripted during mobilization.

The reference should be to the current version of the Law of Ukraine “On Mobilization Preparation and Mobilization” on the website of the Verkhovna Rada of Ukraine. As of September 2026, the document is valid in the version dated July 31, 2026.

What Article 23 on Mobilization Means in Simple Terms

Put simply, without complex legal terminology, Article 23 on mobilization lists the circumstances under which a conscript should not be called up during mobilization.

The main groups of grounds include:

• reservation of the conscript;
• disability or temporary unfitness due to health;
• raising three or more minor children;
• single parenting of a child;
• raising a child with a disability or serious illness;
• need for constant care of a close person;
• disability of husband, wife, or certain other family members;
• study under conditions stipulated by law;
• work of certain pedagogical, scientific, and scientific-pedagogical workers;
• death or disappearance of certain legally defined close relatives during the defense of Ukraine;
• release from captivity;
• other special circumstances explicitly stated in Article 23.

Each of these grounds has its own conditions. Thus, it is not enough to find a similar life situation in the law. It is necessary to check the specific clause and the documents that confirm the right to deferment.

Deferment for Health Reasons

Disability

Article 23 of the Mobilization Law states that persons with disabilities are not subject to conscription during mobilization.

It is important here not to confuse disability with temporary unfitness. These are different legal grounds.

Temporary Unfitness by Decision of the Military Medical Commission (MMC)

There is a separate rule for conscripts who have been recognized as temporarily unfit for military service by the military medical commission.

In such a case, the law provides for:

• MMC conclusion on temporary unfitness;
• a term from 6 to 12 months;
• re-examination by MMC after the expiry of the specified period.

Therefore, the popular query “article 23 MMC” relates only to one of the grounds in the article. The mere fact of passing the MMC does not automatically mean deferment — only its official conclusion matters.

Deferment for Family Circumstances

Three or More Children

One of the best-known grounds is raising three or more children under 18 years of age.

However, the law imposes an additional condition. This ground is not applicable to a person who has child support arrears exceeding the amount of payments due for three months.

Thus, for deferment, not only the number of children matters but also the actual fulfillment of the duty to support them.

Single Parenting

Article 23 of the Mobilization Law foresees the right to deferment for certain parents who independently raise and support a child under 18 years old.

Such situations may include legally defined cases where the other parent:

• has passed away;
• has been deprived of parental rights;
• is declared missing;
• is declared deceased;
• is in circumstances recognized by law confirming actual single parenting.

The mere fact of divorce is insufficient. If both parents legally remain the child’s parents, the specific situation must be checked against the conditions of Article 23.

Children with Disabilities and Serious Illnesses

The law also protects certain categories of parents, guardians, caretakers, foster parents, and foster families.

The right may arise specifically if a person:

• raises a child with a disability under 18 years old;
• raises a child with a legally defined serious illness even if no disability is established;
• supports an adult child with a disability of group I or II.

Appropriate documentary evidence is required in each case.

Deferment Due to Care for Relatives

A common question to lawyers is whether Article 23 on mobilization grants deferment if a person needs to care for their mother, father, spouse, or another close person.

It can grant it, but not automatically.

The law provides specific grounds for:

• constant care of a sick husband or wife;
• constant care of a child;
• constant care of a father or mother;
• guardianship of a person declared incapacitated by court;
• presence of a husband or wife with disability group I or II;
• certain cases of disability group III of a husband or wife;
• care for certain other family members under conditions explicitly provided by law.

Precise norms are especially important here. For example, the mere presence of disability in a mother or father does not automatically create a right to deferment for the conscripted son in every situation.

Article 23 and Deferment for Students

Which Students Have the Right to Deferment

Article 23 of the Law on Mobilization Preparation and Mobilization provides certain guarantees for students.

For students, several conditions are simultaneously important:

1. Studies must be conducted in full-time or dual form.
2. The person must pursue a higher level of education than previously obtained.
3. The right to deferment must correspond to other conditions of the current version of Article 23.

Thus, enrollment in an educational institution alone does not mean that deferment arises under any circumstances.

The article also sets separate rules for doctoral candidates, persons enrolled in internships, as well as certain categories of pedagogical, scientific, and scientific-pedagogical workers.

Deferment for Teachers

The employment at the main workplace is important for a significant number of pedagogical and scientific-pedagogical workers.

One of the key criteria is working not less than 0.75 full-time equivalent.

Therefore, before applying for deferment, it is necessary to check not only the job title but also the type of institution, main workplace, and actual pedagogical or scientific workload.

Article 23 on Mobilization with Amendments in 2026

The query “article 23 on mobilization with amendments” is particularly relevant because legislation changed during 2026.

In particular, the law provides special rules for certain younger citizens.

Among them are:

• conscripts who completed basic military service are not subject to conscription during mobilization until they reach 25 years old without their consent;
• persons released from military service due to release from captivity are not subject to mobilization without their consent;
• legally defined citizens aged 18 to 25 who served military duty under a one-year contract during martial law and were discharged for lawful reasons are not subject to conscription for 12 months after discharge without their consent.

The last norm was introduced by Law No. 4782-IX, which came into force on March 11, 2026.

How to Apply for Deferment under Article 23

Article 23 defines the grounds, but the procedure itself is regulated in detail by a government decree.

The main document is the Resolution of the Cabinet of Ministers of Ukraine No. 560 “On Conscription of Citizens into Military Service during Mobilization, for a Special Period”. As of September 2026, the document is in the version dated August 15, 2026.

Generally, the procedure is as follows:

1. Identify the specific ground under Article 23.
2. Check what information about this ground already exists in state registers.
3. If necessary, prepare documents required for the corresponding category.
4. Submit the application by the prescribed method.
5. Check the entry of deferment data into the Unified State Register of Conscripts, Conscription Candidates, and Reservists.

From 2026, the procedure also allows re-registration of an already granted deferment to another ground if the person acquires a new right under Article 23.

Where to Apply for Deferment

The method depends on the specific category and the possibility of automatic verification of information through state registers.

The official state service contains information about applying for deferment through the Center for Administrative Services (CNAP) and, for eligible categories, through electronic services. The current procedure can be checked in the official “Diia Guide” on obtaining deferment from conscription during mobilization.

Documents that may be needed to confirm include:

• family relationships;
• disability;
• need for constant care;
• education;
• family composition;
• child maintenance;
• other circumstances specified in the corresponding paragraph of Article 23.

The set of documents depends on the particular ground. Therefore, using one universal list of documents for all types of deferment is incorrect.

Is It Possible to Appeal a Denial of Deferment

If the competent body determines that the ground is not confirmed, the applicant may be denied deferment.

In such a case, it is important to clarify the reason:

• lack of necessary document;
• information in state registers does not confirm the stated circumstance;
• the life situation does not correspond to a specific paragraph of Article 23;
• the circumstance previously granting the right to deferment has been lost.

The decision to deny can be appealed in court. Resolution No. 560 explicitly provides for the possibility of such appeal.

Does Article 23 Exempt from Military Service

The search query “article 23 exemption from military service” often arises because of confusion between two different legal procedures.

Article 23 of the Mobilization Law primarily concerns persons who have not yet been conscripted during mobilization. It defines grounds under which a conscript is not subject to conscription.

If a person is already serving in the military, the rules for discharge must be sought in other legislation, primarily in Article 26 of the Law of Ukraine “On Military Duty and Military Service.”

Therefore, having grounds for deferment does not automatically grant the right to discharge an already mobilized serviceman.

What Rights a Person Has under Article 23

If a conscript meets the conditions of a specific clause, Article 23 deferment from conscription grants them the right to require application of the guarantee provided by law.

Practically important rights include:

• to obtain deferment if there is a legal ground;
• to submit documents necessary to confirm the ground;
• to receive a decision on their application;
• to re-register deferment to another ground in established cases;
• to appeal denial;
• to use the deferment for as long as the corresponding legal ground exists.

At the same time, deferment does not mean exclusion from military registration. The person continues to hold the status of conscript unless other legal grounds for different status exist.

What Obligations Remain with Deferment

Obtaining deferment does not cancel general rules of military registration.

A conscript must:

• comply with military registration rules;
• have the appropriate military registration document in cases prescribed by law;
• ensure the accuracy of information entered into military records;
• comply with lawful requirements to present military registration documents;
• consider cessation of circumstances that previously gave the right to deferment.

Thus, the practical significance of Article 23 on mobilization lies not in a general “exemption from mobilization” but in the presence of a specific, valid, and legally confirmed ground that prevents conscription during its effective period.