DISMISSAL OF THE FATHER OF MANY CHILDREN FROM THE ARMED FORCES OF UKRAINE

Service in the Armed Forces of Ukraine is a great honor, despite the danger of martial law. At the same time, the current legislation of Ukraine provides for an exhaustive list of grounds for dismissal from the ranks of the Armed Forces of Ukraine. For example, on October 1 last year, the Law came into force, which changed Article 26 of the Law of Ukraine “On military duty and military service.” Namely, an additional basis is indicated on which dismissal from service during martial law may occur.

Explanations of legislators

According to the authors of this ongoing legislative initiative, it is aimed at protecting the rights of children under martial law. The document will help ensure that parents with many children, who were such before mobilization or became during it, could exercise their right to be dismissed from the Armed Forces of Ukraine.

Under what conditions does such a foundation work?

When it comes to the presence of children in a serviceman, it refers exclusively to minor children who are in his care. These do not have to be children from the same marriage. Only the fact of their content is taken into account.

It should also be noted that the specified grounds for dismissal apply to mobilized and drafted reservists, but not to those military men who serve under a contract.

Does dismissal happen automatically?

The entry into force of a new legal norm does not mean that people with 3 minor children should automatically be fired after these regulatory changes or with the appearance of a third child. In order for such a dismissal to occur, you need to write an appropriate report. This is a letter of resignation for family reasons. To it must be added documents confirming what is stated in the report – birth certificates of children and documentation certifying their content. For example, if we are talking about children from previous marriages, these may be documents confirming the payment of alimony.

Does the timing of the birth of children matter?

This question is often of interest to those whose third child was born already while serving in the Armed Forces of Ukraine. The date of birth of the child does not matter. The main thing is that all three children were minors and were supported by a serviceman. That is why one should trust official information, and not myths that contradict real legislative norms.

Как правильно подается рапорт?

A report on dismissal from service for family reasons is submitted to a higher commander. It should be prepared in duplicate. One of them should be given to the commander, and the second should be kept for yourself, but provided for registration. The authorized person accepting the report must sign and date it accordingly.

How can legal help be useful?

A military lawyer will help to draw up a high-quality report and clearly indicate all the circumstances in accordance with the legal requirements for such a document. Very often, the operational and desired result of the consideration of the report depends on how competently it is drawn up. So that your report is not returned and you do not become a hostage of bureaucracy, you should take care of legal support in advance. The team of the law office “Prikhodko&Partners” provides it. We have good experience in protecting the rights and interests of servicemen. Therefore, we are ready to provide the following benefits of interaction:

high-quality counseling in a format that is comfortable for you (face-to-face, remote or written consultation);

assistance in the preparation of the report;

familiarization with the subsequent algorithm of actions.

It should be noted that we take into work not only this, but also many other requests related to the protection of the rights and interests of military personnel.