EDUCATION OF THREE AND MORE CHILDREN UNDER THE AGE OF 18 AS A BASIS FOR DISMISSAL FROM MILITARY SERVICE

Grounds for the release of military servicemen who are conscripted during mobilization for a special period, military service by conscription of reservists during a special period are regulated by part four of Article 26 of the Law of Ukraine "On Military Duty and Military Service" (hereinafter also ‒ Law).

This provision of the Law does not provide for the possibility of dismissal from service of mobilized servicemen on the grounds that they have three or more children under the age of 18. These circumstances create a certain conflict, because in accordance with Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" it is stipulated that women and men who have three or more children under the age of 18 are not subject to military service during mobilization.

That is, taking into account the general mobilization on the territory of Ukraine, and the presence of cases when conscripts are mobilized regardless of the fact that they have three or more dependent children under the age of 18, a situation arises when such a person was mobilized illegally, but there are no legal grounds for his release from military service.

In order to resolve such situations and bring the current legislation into a logical ordering of norms, the Verkhovna Rada of Ukraine registered a draft law No. 7678 dated 17.08.2022, according to which Subparagraph “d” of paragraph 2 of part four of Article 26 of the Law of Ukraine "On military duty and military service” is proposed"(Vedomosti of the Verkhovna Rada of Ukraine, 2006, No. 38, art. 324) add a new paragraph with the following content: “the presence of three or more children under the age of 18 in the maintenance of a serviceman.”

Currently, the specified draft law was adopted by the Verkhovna Rada of Ukraine on 09/20/2022 and is being signed by the President of Ukraine. That is, soon, subparagraph "d" of paragraph 2 of part four of Article 26 of the Law of Ukraine "On Military Duty and Military Service" will be supplemented with a new provision, according to which a mobilized person will have the right to be released from service in connection with being dependent on him for three and more children under the age of 18, which will bring them into line with the norms of the current legislation.

However, unfortunately, there are still similar situations that require the same legislative regulation, in particular, the mobilization of a person with a disability is not subject to mobilization, however, there is no possibility to resign on this basis, according to the norms of the current legislation.

Also, I would like to point out that the key will be the upbringing of three or more children under the age of 18, and not the fact of parenthood. That is, even a situation is possible when a serviceman is married to a wife who has three or more children under the age of 18 from a previous marriage, but the serviceman provides for their maintenance.

Contact AB "Prikhodko&Partners" and receive professional advice on the possibility and procedure of dismissal from military service on the grounds provided for by current legislation.