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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
LAW № 2599-IX. DISMISSAL FROM MILITARY SERVICE DUE TO MULTIPLE CHILDREN
LAW № 2599-IX. DISMISSAL FROM MILITARY SERVICE DUE TO MULTIPLE CHILDREN
Ternova Diana
On October 1, 2022, Law № 2599-IX on additional grounds for dismissal from military service during martial law entered into force.
Namely, the category of family circumstances for exemption from military service during martial law - being dependent on a serviceman with three or more children aged up to 18 years old.
This Law finally settled the issue and eliminated conflicts for those military personnel who were mobilized illegally, namely when they had three or more children under the age of 18 to support them, and who were not able to leave due to the lack of such a reason.
However, given this definition, not everything is so clear-cut. It must be said that not every father of many children can be released from military service.
Yes, many questions arise in practice, including:
- Can a military serviceman who has one native child from a previous marriage and two illegitimate children from the current marriage be dismissed?
- Can a military serviceman with many children resign if he has illegitimate children to support?
Yes, if the fact of maintenance of these children is proven. Since the Law clearly states about the fact of maintenance, not blood kinship.
As a general rule, if a person (military serviceman) brings up unrelated children (three or more) who do not have parents, grandmother, grandfather, or adult brothers and sisters, then he is responsible for their maintenance (if he has the financial capacity), and therefore, confirmation of such retention is grounds for dismissal.
A clear list of documents that must be added to the release report to confirm the fact of maintaining three or more children under the age of 18 is not fixed by law, but an approximate list can be:
- Certificate of the father of a large family;
- Birth certificates of children;
- Certificate of family composition;
- Marriage registration certificate;
- A court decision on the dissolution of marriage or a certificate of such dissolution and a decision of the guardianship authority to determine the place of residence of the children with the father;
- The court's decision to deprive the mother of parental rights.
Also, one of the negative moments until today was the mobilization of men whose women were pregnant with their third child. In fact, the mobilization was legal, but it was impossible to be released on the basis of the birth of a third child during the service.
So, currently, if the third child was born already during the service and is dependent on a serviceman, he has the right to be released by adding the necessary documents to the report, namely a birth certificate confirming paternity.
Thus, at first glance, the dismissal process is quick and not difficult, but to guarantee dismissal on this basis, it is not enough to simply collect documents. It is necessary to draw up a report in a clear, qualified and structured manner, which our military specialist will help you with.
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Lawyer
Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
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