DISABLED WIFE OF GROUP 3: DISMISSAL FROM MILITARY SERVICE

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Kozyan Tatyana

Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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DISABLED WIFE OF GROUP 3: DISMISSAL FROM MILITARY SERVICE

Reading time: 4 min.

Service in the Armed Forces is an honorable duty of citizens, however, the current legislation of Ukraine provides for specific grounds that provide an opportunity for exemption or postponement from mobilization. Their list is exhaustive. One of these reasons is the wife's disability. There are no specific requirements in the legislation regarding the spouse's disability group as a basis for deferment granted to a conscript. This means that groups I, II and III can equally be grounds. This is exactly what the dismissal is all about.

However, in practice the situation often looks different. When it comes to the third group of disability of the wife, the soldier often receives a refusal in both cases.

What legal norms regulate this issue?

All important issues regarding dismissal from military service are recorded in the Law of Ukraine "On Military Duty and Military Service". So, in Art. 26 of this legal act states that the wife's disability is a reason for dismissal from service. The disability group is not specified, so it applies to any option. But in reality, the military command very often refuses to release when it comes to the third group of the wife's disability. A similar situation occurs when a person wants to receive a deferment from mobilization.

What to do to solve the problem?

Unfortunately, it is often difficult for a person to defend his rights, even when there are all the necessary legislative levers and legal basis for this. On the one hand, it is difficult for someone who is not a professional lawyer to act competently when it is necessary to refer to certain legal norms. On the other hand, even the psychological factor can sometimes play its negative role. Often, people really don't know their rights and don't defend themselves when they are told that the wife's 3rd group of disability is apparently not a reason for dismissal or postponement of mobilization.

Both of these factors are perfectly overcome when you have competent legal support.

  • First, you don't have to know the legal rules because there is a specialist for that.
  • Secondly, with professional representation, you will not have to endure the psychological pressure and influence of the human factor on your own, if your rights are tried to be violated.

What are some other important aspects to know?

Sometimes there are questions about whether it is necessary to go to the Military Commissariat and apply for a postponement. This should not be done.

It is worth appearing for this purpose when the summons has already arrived. It is important to take a list of all the necessary documents, namely, a copy of the marriage certificate and a copy of the documents confirming the wife's disability. Based on them, it will be possible to write an application for postponement.

 

As for the dismissal from the service of those military personnel who are already completing it, if the mentioned reason is present, a report on dismissal for family reasons must be submitted. It is written in two copies, which are submitted to the commander. One of them must be given, and the other must be presented for registration (the date and signature of the person who accepted must be indicated). After that, you keep the second copy for yourself. We are ready to help with the preparation of a high-quality report, because the outcome of the review depends significantly on its literacy.

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Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

Contact now
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