DISMISSAL FROM THE ARMED FORCES OF UKRAINE TO CARE FOR THE DISABLED

Despite the fact that the fulfillment of military duty is paramount in the conditions of martial law, different situations occur in life. In particular, caring for a spouse, child, one of the parents, mother-in-law or father-in-law with a disability may be grounds for exemption from military service. Let's consider this issue in more detail.

So who has the right to release?

The Law of Ukraine "On Military Duty and Military Service" specifies that a soldier has the right to leave for the care of a disabled person when:

• his wife has a disability;
• his child has a disability;
• one of his parents or a father-in-law or mother-in-law has a disability (however, in this case it is only about groups I and II).

At the same time, the fact of disability of one of the mentioned persons in itself is not a reason for the serviceman to be demobilized. It is about care. Therefore, for example, if a serviceman has a child with a disability who, according to a court decision, lives with his ex-wife, this will not be grounds for dismissal. Identical - when parents or father-in-law or mother-in-law with disabilities live separately. A prerequisite for providing care is direct cohabitation.

Are there any other circumstances required?

Sometimes our clients have a question about whether there are any additional circumstances necessary for the exemption for caring for a person with a disability (for example, the registration of guardianship or the absence of other relatives who could provide such care). No, the mentioned circumstances do not matter. In order to achieve demobilization on the mentioned grounds, it is only necessary to have a disability group in one of the mentioned persons and to live together, which ensures the provision of care.

What documents should be collected?

In addition to the report on dismissal in connection with the care of a disabled person, it will be necessary to collect a package of documents that will certify this reason. They include:

• your passport and identification code, as well as the same documents of a person with a disability (in the case of a child, this is a birth certificate);
• a document confirming the family relationship with such a person;
• a document confirming the disability of the person you will take care of;
• documents that record the fact of cohabitation.

As for the documents certifying disability, it can be a pension certificate, a certificate of a person with a disability, a document regarding the inspection of the Ministry of Health and Welfare, on which this fact was established. You can attach several documents at once so that they look more convincing together. When copies of documents are submitted together with the report, they must be notarized.

How can our help be useful?

We will prepare a report in accordance with all the requirements that are put forward to it. We will also advise you on what the further algorithm of its submission should be. In short, the document is submitted to the commander in 2 copies. You keep one for yourself, but it must first be marked with a receipt with the signature of the authorized person and the date.

If any problems or difficulties arise, the team of specialists of the "Prikhodko&Partners" law office will offer full legal support of the request and representation of your interests.