Act of investigation of the family status of a military servant for discharge or transfer

In modern conditions of military service, the issue of ensuring the rights and interests of servicemen is extremely important.

One of the tools for solving complex family circumstances is the act of examining the family situation, which can be the basis for dismissal or relocation due to family circumstances.

This article reveals the legal aspects, features of obtaining this document, and practical problems that servicemen may face.

Normative regulation

The legislation of Ukraine provides for the possibility of dismissal or transfer of servicemen due to family circumstances.

In accordance with the Order of the Ministry of Defense of Ukraine No. 495 of July 23, 2024, amendments were made to the "Instructions on the organization of the implementation of the Regulations on military service by citizens of Ukraine in the Armed Forces of Ukraine" (MoU Order No. 170 of April 10, 2009).

In this order, among the necessary documents to confirm family circumstances, the certificate of examination of the family status of a serviceman is specified.

What is an act of examination of marital status?

Certificate of examination of marital status — this is a document that certifies the presence of special family circumstances affecting the ability of a serviceman to perform his duties.

It may contain information about:

• State of health of family members of a serviceman;
• Financial situation in the family;
• The need to care for incapacitated relatives or relatives who need constant outside care;
• Other significant circumstances that make it impossible to complete the service at the current location.

Issues of obtaining the act

Despite the amendments to the regulatory documents, the procedure for obtaining a certificate of marital status remains imperfect.

The main problems include:

1. Absence of an approved form of act. The legislation does not establish a single model of the document, which complicates its execution.
2. Uncertainty of the responsible body. There is no clear definition of who should draw up the act: a military unit, local administration or social services.
3. Long review process. The absence of regulated terms leads to a delay in registration.
4. Frequent rejections. Bodies that may be involved in the preparation of the act often refuse to issue it due to legal uncertainty.

Our approach to problem solving

The legal company "Prikhodko and Partners" is actively engaged in developing the practice of obtaining a certificate of marital status.

In cases of institution failure, we offer:

• Appealing the refusal. In case of refusal to issue the document, we prepare a lawsuit to the administrative court to protect the client's rights.
• Thanks to our specialists, we achieve positive decisions in court, which allows us to obtain the necessary document.
• Legal support. We accompany the client at all stages: from the collection of documents to the execution of the court decision.

Procedure for working with us

1. Preliminary consultation. Analysis of the client's situation, determination of the grounds for obtaining the act.
2. Preparation of requests. We are contacting the relevant authorities with requests to issue the act.
3. Processing of documents. We help in the correct preparation of documents for submission to the court or other institutions.
4. Legal support in court. We represent the client's interests in legal disputes.

Why choose us?

• Experience. We have considerable experience in military law and solving similar issues.
• Our lawyers have a thorough knowledge of legislation and court practice.
• Individual approach. We take into account the specifics of each case to achieve the best result.
• Our clients receive the necessary documents even in the most difficult situations.

If you need help in solving the issue of obtaining a certificate of marital status, please contact us.

We are ready to provide thorough consultation and support regardless of the complexity of the issue.