DISMISSAL FROM MILITARY SERVICE FOR PARENTAL CARE

According to the norms of the current legislation, some family circumstances may be a reason for a mobilized soldier to receive a dismissal. If we talk about guardianship or care for parents, then such a basis is indicated in clause D, part 2, article 26 of the Law "On military duty and military service". This should be considered in more detail.

So what does the law provide?

There are several formulations that may be relevant for such a situation. The first of these is guardianship of a person who has been declared legally incompetent by the court. The second is the implementation of continuous care for a person with a disability of I or II group. Also, one of the theses explicitly states that the basis for dismissal may be permanent care for sick parents. In this case, we are talking not only about their parents, but also about the parents of the wife or husband.

In addition, the mentioned article states: the basis for dismissal may be the provision of permanent care for a person in respect of whom there is a corresponding conclusion of an authorized medical commission that he needs constant care. This statement is relevant in cases where there are no other persons who can provide such care.

That's what the law says. However, in practice, different situations may occur. It often happens that a serviceman cannot reach a positive decision of the command on dismissal for family reasons, when constant care for parents is required. If you need a lawyer on military issues, Prikhodko&Partners has such specialists. We will provide high-quality advice, guide you on how to act, and, if necessary, represent your interests.

How does a dismissal take place?

When we talk about dismissal from the Armed Forces of Ukraine for family reasons on the basis of parental care, it is also important to distinguish between the concepts of “care” and “guardianship”. Both the first and the second provide for the possibility of dismissal, however, the procedure for establishing care is somewhat simpler from a legal point of view. At the same time, unlike guardianship, the establishment of care requires the consent of the person who will be cared for, if he does not have mental disabilities and can clearly express his will. Such situations are relevant when it comes, for example, to elderly parents who have reached the age of 80.

However, one should not forget that leaving is possible only when the serviceman actually lives with the parents he will look after. This means that registration at different addresses can be an obstacle for its registration.

So, for dismissal on this basis, you need:

• Write an appropriate report. It consists of two copies, one of which remains with you, and the other is served to the commander. The copy that you retain must have the date of its registration and the signature of the person who accepted the report.
• Add to it the necessary documents certifying the grounds for dismissal. This is the conclusion of the LRC or MSEK that one of the parents really needs care. Also attached: a document certifying the implementation of care; an act of examining the living conditions of a person in need of care; document certifying family ties.

In addition to all of the above, it is necessary to document that there are no other persons who could take care of the care.

Our team of experts will advise you in detail on all issues related to this topic.