Report on dismissal for parental care

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Kozyan Tatyana

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.

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Report on dismissal for parental care

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The procedure for dismissal from military service to care for parents

Dismissal from military service to care for parents is regulated by Article 26 of the Law of Ukraine "On Military Duty and Military Service". According to this article, a military serviceman has the right to be released from military service in connection with taking care of parents who are persons with disabilities of the 1st or 2nd group or on the condition that these parents require constant outside care.

 

To be released from military service to take care of parents, a serviceman must submit a report to the commander of a military unit. The report must indicate:

  • surname, first name, patronymic of the serviceman;
  • military rank of serviceman;
  • grounds for dismissal.

The following documents must be submitted to the report:

  • a document confirming family relations (birth certificate);
  • a certificate on the disability group (certificate of the MCEK) or a conclusion of the MMC on the need for permanent outside care of parents.

If copies of the specified documents are submitted, they must be duly certified (preferably notarized).

The term of consideration of the report

The report on dismissal from military service to care for parents is considered by the commander of the military unit within one month from the date of its receipt.
Reasons for refusing to be released from military service to care for parents

The commander of the military unit may refuse to release the parents from military service if:

  • The serviceman did not provide all the necessary documents.
  • The documents provided by the serviceman do not meet the requirements of the law.

For example, the commander of a military unit can refuse to release from military service for the care of parents, if the serviceman did not submit to the report: documents on the state of health of the parents, certifying their disability or persistent illness, which led to the need for constant outside care .

 

Assistance of a lawyer

If the commander of the military unit refuses to release him from military service to take care of his parents, the serviceman has the right to appeal to the court. A lawyer can help a serviceman appeal the refusal of the commander of the military unit, in particular:

  • Advise on grounds for appeal of refusal;
  • Help collect necessary documents for appeal;
  • Represent the interests of a serviceman in court.

Important points

A report on dismissal from military service to care for parents must be submitted by a serviceman to the commander of a military unit. If the commander of the military unit refuses to release, the serviceman has the right to appeal to the court. The report must be handwritten and signed by the serviceman.

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