The lawyer explained whether it is possible to prosecute for such actions.
Taking a gateway with a person with a disability and becoming their guardian or adopting a child is only part of the schemes used by draft evaders. However, is it possible to fight this, or vice versa - are these methods completely legal?
To this question News. Diana Skumadchuk, a lawyer from Prikhodko & Partners Law Firm, answered LIVE.
Schemes of draft evaders
One of the schemes for evading mobilization is marriage to a person with a disability, because then the husband becomes her official guardian. However, there is no clear definition of a fictitious marriage in the legislation.
"According to paragraph 2 of Article 40 of the Family Code of Ukraine, a marriage is fictitious and can be declared invalid by a court decision if it is concluded by a woman and a man or one of them without the intention of creating a family and acquiring the rights and obligations of spouses. There is no criminal liability here. At most, they will be accused of fraud or evasion of mobilization," Diana Skumadchuk explained.
However, such a case is unlikely to have a judicial perspective. Everything will depend on the lawyer and the evidence base.
Adopting a child is also a possible option. In Ukraine, this procedure is not suspended during the war, but it has become less predictable.
"There is no simplified or accelerated procedure for adopting children during the war. Adoption is carried out on a general basis, taking into account the norms of the current national legislation. Both citizens of Ukraine and foreigners can adopt a child," the lawyer said.
A citizen who has reached the age of 21 can adopt a child. If it is a relative of the child, then he may be younger than this age.
The age difference between the adopter and the adopted child must be at least 15 years.
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