Фото: RAISING A CHILD AS A GROUND FOR EXEMPTION FROM MILITARY SERVICE

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Kozyan Tatyana

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Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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RAISING A CHILD AS A GROUND FOR EXEMPTION FROM MILITARY SERVICE

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According to Clause 2 of Part 4 of Article 26 of the Law of Ukraine "On Military Duty and Military Service", the reason for the release of a military serviceman is the upbringing of a child with a disability under the age of 18.

From 1.10.2022, the Law of Ukraine "On Military Duty and Military Service" was amended to subparagraph "d" of paragraph 2 of part 4 of Article 26 of this regarding a new category of family circumstances for exemption from military service during martial law, namely : three or more children under the age of 18 are dependent on a serviceman.

That is, upon dismissal, it will be necessary to draw up a report on dismissal on the grounds of raising a child with a disability or maintaining three or more children under the age of 18. Accordingly, the report must be accompanied by documents confirming the grounds for dismissal.

Such documents can be:

  • child's birth certificate;
  • MSEK certificate on the degree of disability;
  • a court decision on divorce and determining the place of residence of children with their father, or a court decision on divorce and a decision of the guardianship authority on determining the place of
  • residence of children with their father, or a certificate of the father of a large family;
  • if a person does not live in the same family with his child, then proof of maintenance of such a child is required.

In the event that there is a need to adopt a child, in order to submit evidence for the legality of the grounds for dismissal, it is necessary to refer to the Family Code of Ukraine and Resolution of the Cabinet of Ministers of Ukraine dated 08.10.2008 № 905 "On the approval of the Procedure for conducting adoption activities and supervising the observance of the rights of adopted persons children". Adoption by one of the spouses of the child of the other spouse is carried out in the children's services at the child's place of residence.

The necessary documents are specified in the normative legal acts above.

Such documents can be:

  • a copy of the passport of a citizen of Ukraine, a foreigner or another document that will certify the identity;
  • a copy of the marriage certificate of the spouses;
  • a copy of the birth certificate of the child(ren), respectively;
  • written consent of the child's parents for adoption or the consent of one of the spouses whose child is adopted by another spouse;
  • document of the absence of the second parent of the child, etc.

The term of the child adoption process is generally 10 working days after receiving the application and documents, analyzing them and establishing the fact of living conditions, the consent of the child and the suitability of the adoption. The procedure for adopting children during wartime is the same, that is, there is no possibility to speed up the procedure or simplify it.

The only nuance may be the number of days of consideration. The general procedure provides for a quick review. But, according to practice, if one of the parents does not agree to the adoption, then the whole process has the risk of being delayed for at least six months, and in some cases - a year.

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Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

Contact now
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