GROUNDS FOR DISMISSAL FROM MILITARY SERVICE

Dismissal from military service in connection with the presence of a spouse (husband) from among persons with disabilities and/or one of their parents or parents of the wife (husband) from among persons with disabilities of group I or II.

Increasingly, there are cases when military units refuse to sign discharge reports if a serviceman has a wife with the IIIrd group of disabilities. At that time, the legislation contained clear provisions on the regulation of this issue. Yes, the norm specified in the law is not mandatory and does not establish the conditions for release from military service depending on the presence of a specific group of disabilities in the specified person. This rule only provides an opportunity to exercise such a right to dismissal in connection with the presence of a disability in one of the spouses without specifying the establishment of a specific group.

From this it follows that dismissal from military service due to the presence of a disability of one of the spouses should be carried out regardless of the group. The fact of disability is a legal and sufficient reason.

Such confusion is due to the fact that the specified norm is alternative, that is, it provides a person with several options to choose from as a reason for discharge from military service, and a person can decide at his own discretion, in accordance with life conditions, which reason will be appropriate for him. Because of this, more and more people misunderstand her and believe that it is forbidden to resign when the wife has the 3rd group of disabilities. However, the analysis of the article shows that the definition of the group is important only when it comes to one's parents or the parents of the wife. Then the legislation requires individuals to have II or I group, respectively.

The ambiguity of the interpretation and, as a result, the incorrect application of the norm led to the development of a certain judicial practice on this issue. A clear example of the resolution of the said dispute is the decision of the district administrative court in case № 140/5304/22, in which a lawsuit was filed against the military unit regarding the recognition of inaction as illegal in relation to non-dismissal pursuant to para. "g" clause 2, part 4, art. 26 of the Law of Ukraine "On Military Duty and Military Service".

The court came to the conclusion that the refusal to sign such a report is unlawful, since the grounds for dismissal exist and have been fulfilled in accordance with the requirements of the law. The court emphasized that the presence of the wife's disability is already a sufficient reason for dismissal without specifying the group.

However, it is important to note that this reason applies only to persons who have been mobilized. In the case when a person is serving under a contract, no such grounds for dismissal are provided.

Regarding the legal procedure for registration of dismissal from service, we note several main points. In order to resign, it is necessary to submit appropriate documents that confirm the relevant circumstances. Namely, documents confirming disability and documents confirming family ties.

In addition to the above, we emphasize that persons mobilized during the legal regime of martial law have slightly different reasons than those who undergo military service under a contract. Yes, mobilized persons can resign if they have a spouse with a disability, or if their parents or parents of the spouse or husband are persons with disabilities of group I or II. At the same time, for persons serving under a contract, it is possible to arrange permanent care for a person with a disability of group I or group II, or for a person whose need is indicated in the conclusion of the Medical and social expertise (or medical advisory commission of a health care institution) in constant care, but in the absence of other persons capable of providing such care.

Quite often, these two grounds are confused, therefore, to resolve such disputed situations, it is worth seeking help from specialists who will provide clear and understandable explanations and help in the procedure of collecting and processing the relevant documents.