Senior lawyer
She specializes in pension disputes, pension recalculation for law enforcement agencies, former civil servants, and social protection for military personnel and their families. With deep knowledge of the law, she effectively protects the interests of clients in courts and government agencies. Her work is respected by clients and hated by the pension fund.
Discharge of women from military service
Despite the fact that the issue of women’s mobilization is occasionally raised in the media and at the level of statements by individual public figures, today the legislation is clear and unambiguous in the position it sets out. Namely, the Law of Ukraine “On Military Duty and Military Service” provides that women are not obliged to undergo military service on a mandatory basis, but can do so by voluntarily entering contract service. At the same time, it is also possible to be discharged from contract service if it turns out that they do not meet its requirements.
If you need legal advice and/or support in the procedure for dismissal from the ranks of the Armed Forces of Ukraine, the lawyers of the law firm “Prikhodko & Partners” provide such services. We have been working in the field of military law for a long time and can be useful to our clients.
What does the legislation say about the dismissal of women from the Armed Forces of Ukraine?
The grounds for dismissal are provided for in Clause 2, Part 4, Article 26 of the Law of Ukraine “On Military Duty and Military Service” and in Clauses 2 and 3, Part 12, Article 26 of the same regulatory legal act. Thus, during martial law, the grounds for dismissal of a female serviceman are:
- pregnancy;
- leave to care for a child up to 3 years;
- leave to care for a child who requires home care, according to a medical certificate (up to 6 years);
- being married to a male military serviceman who is also serving, and raising a child up to 18 years old;
- maintenance of 3 or more minor children and no arrears in alimony for more than 3 months;
- independent raising of a child up to 18 years old, if the other parent has died, disappeared, been declared dead or is serving a sentence in a place of imprisonment;
- care for an adopted orphan or a child deprived of parental care;
- raising a minor child with a disability;
- maintenance of an adult child with a disability of group I or II;
- raising a child with severe perinatal nervous system damage, rare orphan diseases and other diseases, an exhaustive list of which is specified in the aforementioned article of the Law “On Military Duty and Military Service”;
- constant care for a man with a disability of group I or II;
- care for a man with oncology, mental disorder, cerebral palsy or other paralytic syndromes, who has a disability group III;
- care for a man with a disability group III, who lacks one of the paired organs, a foot or a hand;
- care for one’s own parents with a disability group I or II;
- care for the parents of a man with a disability group I or II, if he himself cannot provide such care and there are no other able-bodied family members who are obliged to do so;
- care for a family member of the second degree of kinship with a disability group I or II, if there are no relatives of the first degree of kinship who should provide this care;
- the need for guardianship over a person who has been declared incapacitated by the court and who is not being cared for by other persons.
In addition, women whose close relatives died or went missing during a full-scale war or the ATO/JFO may be exempted from military service. This also applies to cases where close relatives of a female serviceman were posthumously awarded the title Hero of Ukraine.
What is the procedure for discharge from military service?
What is the procedure for discharge from military service?Servicemen who wish to be discharged from military service submit a report and documents confirming the grounds for discharge to the commander. It is important to mention here paragraph 233 of the Regulation “On Military Service by Citizens of Ukraine in the Armed Forces of Ukraine”, approved by Presidential Decree № 1153/2008 of December 10, 2008. It states what exactly should be indicated in the report. This is very important, because the result of its consideration largely depends on the correctness of the report.
If you are faced with a refusal to discharge, then you should contact lawyers who are experts in the field of military law. This will provide an opportunity to receive professional assistance and appeal the refusal to discharge if you are denied illegally, despite the presence of grounds.
Our services
The lawyers of our law firm provide the following services in this category of client requests:
Consultations. As part of advisory support, we carefully analyze your situation and possible prospects for its development, and also help you navigate the optimal course of action.
Legal support and protection of your rights in court. If you are illegally denied dismissal, we will effectively help resolve such a problem in the legal field, because such cases are win-win.
If you need professional legal support, fill out the feedback form and we will call you for an initial consultation.
Calculate the cost of services
1 question
Do you want to be discharged from military service?
2 question
Do you have grounds for discharge from military service?
3 question
Do you need legal assistance in discharge from military service?
Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
You may also need:
Receiving payments to military personnel for disability
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Payment of one-time monetary assistance to military personnel
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Dismissal from military service for family reasons
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MILITARY LAWYER’S CONSULTATION
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Appeal of the military medical commission
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Payments to military personnel for injuries
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Payment for a dead military man in Ukraine
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Financial support of military personnel
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Military attorney
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Dismissal from military service
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