Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Client: serviceman of the National Guard of Ukraine
Region: Chernivtsi district, Chernivtsi region
The essence of the case (problem): the soldier was not dismissed because his wife had a disability of the 3rd group.
Desired result: dismissal of a military man on the grounds of a disabled wife
Responsible lawyer: Ternova Diana
Circumstances of the case: a relative of a serviceman approached our company with the problem that her husband, who is mobilized, was not dismissed on this basis, although he appealed to his command, which verbally refused and noted that there was no such basis for dismissal.
Since certain circumstances appeared in the family that required the immediate release of the husband, the wife of the soldier emphasized that the matter should be expedited.
During the initial consultation, it was found out that the dismissal process is not easy in part, reports are either ignored or the review is delayed or it is generally interpreted that there is no such rule as a wife with a 3rd group of disabilities. Therefore, the relatives asked for our help, and after signing the contract on legal assistance, we started cooperation.
The progress of the case
Consultation and signing of the contract
First, our lawyer Diana Ternova held a consultation where she clarified all the circumstances and analyzed the available documents. After that, she and the client agreed on further actions.
We remind you that the grounds for dismissal are: in accordance with paragraph 5 of subparagraph “d” of clause 2 of part 4 of Art. 26 of the Law of Ukraine “On Military Obligation and Military Service”, servicemen who are conscripted during mobilization, for a special period, may be released from military service due to family circumstances, in connection with the presence of a wife (husband) with of persons with disabilities and/or one of their parents or parents of the spouse (husband) from among persons with disabilities of group I or II.
Collection of documents
The lawyer provided an exhaustive list of documents, which was worked out in practice so that the report would not be returned due to a lack of documents.
Preparation of documents
Clients sent scanned copies of the necessary documents on the basis of which the report was written. The report detailed the family circumstances in full, along with the regulatory framework and positive court decisions regarding the dismissal.
Submission (sending) of documents
After that, the report was sent to the serviceman for further submission. Our lawyer once again communicated with the client and explained how the report is submitted and what needs to be paid attention to, that the rights were not violated and the procedure was not delayed.
Result
As a result, the review of the report took only a few days, and less than a month passed from the beginning of cooperation to the dismissal, as evidenced by the extract from the order dated 04.02.2024 and happy photos of the serviceman next to his family.
If you also need help with similar issues, consultation or legal assistance – leave a request under this text, or call a lawyer directly at the indicated phone number +38 (093) 007-42-08
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