3 children – dismissal from military service

It is no secret that the current legislation provides grounds for the dismissal of servicemen from the army during martial law. All legal grounds for the dismissal of military personnel are provided for in Art. 26 of the Law of Ukraine "On military duty and military service".

Paragraph 2d of the above article provides for the dismissal of a serviceman in connection with the maintenance by the military of three or more children under 18 years of age. However, in practice, the application of this paragraph raises a lot of questions.

First of all, it is necessary to figure out whether all three children should be relatives and from one marriage, since this issue is not clearly regulated by this rule. In practice, all three children do not have to be relatives of a soldier and be from the same marriage, since these facts do not cancel the maintenance of these children. Therefore, first of all, it is necessary to have a sufficient amount of evidence of the fact of the maintenance of three or more children under 18 years of age.

Unfortunately, to date, the law has not regulated which documents will help to quit on this basis and prove the fact of keeping children. Therefore, such a package of documents has been developed in practice. If all the children are relatives, then it will be enough for the soldier to provide:

• birth certificate of each of the children;
• military marriage certificate;
• a copy of the wife's passport.

The situation is more complicated if the children are not from the same marriage, or if the soldier is raising and keeping children from his wife's previous marriage. If the serviceman is divorced and the children from this marriage live with his wife, then in addition to their birth certificate, a court decision on the appointment of alimony for the child and a certificate from the executive service on the absence of alimony arrears should be provided.

Most documents require proving the fact of the maintenance and upbringing of children from the wife's previous marriage. All the above documents in this case may not be enough. Additionally, you will need to confirm the common place of residence of the military with children, a certificate of registered persons at a specific place of residence.

Military lawyer advice

Also, it is recommended that the fact of the maintenance of children from a previous marriage of the spouse be established in court. In this case, an application for establishing the fact of detention should be applied to the district court. Evidence must be added to the application that the children are indeed in the care of a serviceman. Typically, this evidence is:

• divorce certificate;
• certificate of common place of residence of persons;
• act of inspection of living conditions;
• court decision on deprivation of parental rights, etc.

Therefore, if a serviceman has three dependent children under the age of 18, then he has the legal right to be discharged from military service. He should collect the above package of notarized copies of documents, draw up a report on dismissal and submit to the command for consideration.

With a more detailed explanation of the required package of documents for dismissal on this basis, the preparation of a report and advice on dismissal will be able to help the specialists of our company.