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Current legislation provides for a clear list of grounds for dismissal from the Armed Forces of Ukraine. Let’s consider in more detail how this happens in cases where the basis is constant care for a person who needs it. It is about parents (own or wife or husband), children, wife or husband.
What is the difference between permanent care and care?
Often people think that these concepts are the same, but in fact they are not. When it comes to guardianship, it is established over incapacitated persons. That is, we are talking about those who have persistent documented mental disorders. As for care, we are talking about people who do not have such violations, but simply cannot cope with household self-care on their own. For example, it can be elderly sick parents or a spouse with disabilities.
Regarding the legal regulation of care, some changes took place in the summer of this year. In June, amendments to the law were adopted, according to which this ground for dismissal can now be used when there are no other persons who are obliged to take care of a person who needs it.
As for complications in practice, there are enough of them. For example, one of the brothers, who lives with a sick mother, receives a summons and serves in the Armed Forces. Her condition worsens and she begins to need constant care. There is a second brother, but he lives in another city and does not have such housing or other conditions to take his mother to him or the opportunity to move to her. What to do in such cases is a rather vague question. However, the lawyers of our law office find answers to it – as well as to many other difficult situations. And by providing legal support for such requests, we effectively solve the problem.
What documents are needed for registration of care?
If you decide to resign from the Armed Forces on this basis, you must first write a report in the name of your commander. You make it in 2 copies, one of which should be directly with the commander, and the other – with you. On the copy you have, you need the person who accepted the report to sign and date it. In order for the consideration of the report to lead to a positive response, the request stated in it must be confirmed by the appropriate documentary evidence base. It is about:
- a document certifying the provision of care;
- an act in which the result of the examination of living conditions of a person who needs care is recorded;
- a document on the basis of which it is possible to prove family ties.
If we talk about the reason for dismissal from the Armed Forces, then its wording falls into the category of “for family reasons”.
What problems may arise during dismissal?
The fact that you try to do everything in accordance with the current law does not mean that there will be no problems during the dismissal. Often, the human factor at the command level comes into play, or the usual bureaucratic aspects are included, which drag out the procedure in time.
In such cases, it is worth entrusting the representation of your interests to qualified lawyers who will speed up this matter, using the levers that are available in the legal field. Such specialists work at the Prikhodko&Partners law office. Military law belongs to our specialization. So we will help competently and qualitatively.