DISMISSAL FROM MILITARY SERVICE DUE TO MULTIPLE CHILDREN

On October 1, 2022, Law № 2599-IX on additional grounds for dismissal from military service during martial law entered into force.

To the Law of Ukraine "On Military Obligation and Military Service", a category of family circumstances for exemption from military service during martial law has been added to subparagraph "d" of paragraph 2, part 4 of Article 26 - three or more children under the age of 18 are dependent on a serviceman .

This Law finally settled the issue and eliminated conflicts for those military personnel who were mobilized illegally, namely, in the presence of three or more children under the age of 18, and who were not able to leave, due to the lack of such a reason.

However, given this definition, not everything is so clear-cut. It must be said that not every father of many children can be released from military service.

Yes, many questions arise in practice, including:

• Can a military serviceman who has one non-relative child from a previous marriage and two natural children from the current marriage be exempted?
• Can a military serviceman with many children resign if he has illegitimate children to support?

Yes, if the fact of maintenance of these children is proven. Since the Law clearly states about the fact of maintenance, not blood kinship.

As a general rule, if a person (military serviceman) brings up unrelated children (three or more) who do not have parents, grandmother, grandfather, or adult brothers and sisters, then he is responsible for their maintenance (if he has the financial capacity), and therefore, confirmation of such retention is grounds for dismissal.

A clear list of documents that must be added to the release report to confirm the fact of maintaining three or more children under the age of 18 is not fixed by law, but an approximate list can be:

• Certificate of the father of a large family;
• Birth certificates of children;
• Certificate of family composition;
• Marriage registration certificate;
• A court decision on the dissolution of marriage or a certificate of such dissolution and a decision of the guardianship authority to determine the place of residence of the children with the father;
• The court's decision to deprive the mother of parental rights.

Also, one of the negative moments until today was the mobilization of men whose women were pregnant with their third child. In fact, the mobilization was legal, but it was impossible to be released on the basis of the birth of a third child during the service.

So, currently, if the third child was born during the service and is dependent on a military serviceman, he has the right to be released by adding the necessary documents to the report, namely the birth certificate confirming paternity.

Thus, at first glance, the dismissal process is quick and not difficult, but to guarantee dismissal on this basis, it is not enough to simply collect documents. It is necessary to draw up a report in a clear, qualified and structured manner, which our military specialist will help you with.