Dismissal from the Armed Forces of Ukraine for family reasons: Procedure, Grounds and Legal Aspects

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Publication date: 26.07.2024

Dismissal from the Armed Forces of Ukraine for family reasons: Procedure, Grounds and Legal Aspects

Discharge from the Armed Forces of Ukraine (AFU) for family reasons is an important right that allows servicemen and women to leave the service to solve personal and family problems. This right enables servicemen to focus on caring for family members, resolving important family issues or otherwise ensuring the well-being of their loved ones. In this article, we will look at the procedure of discharge, the grounds for discharge for family reasons and the legal aspects related to this process.

Grounds for dismissal for family reasons

Dismissal for family reasons is granted on the basis of the Law of Ukraine ‘On Military Duty and Military Service’ and other regulations. 

The main grounds for such dismissal include:

• Hard family circumstances: Servicemen and women may be discharged if their family has experienced difficult circumstances that require their constant presence and participation. This may include serious illness or disability of close relatives, death of a family member or other emergencies that require immediate intervention.
   
• Caring for minor children: If a serviceman is the sole or primary caretaker of minor children who need constant supervision, he or she may apply for an exemption. This is especially true if the other parent is absent or unable to fulfil his or her duties.
   
• Pregnancy or childbirth: Servicemen may be discharged due to the pregnancy of their spouse or the birth of a child if it requires their presence and participation in the care of the child.
   

Consideration of circumstances and possible exceptions

When considering a request for a family-related discharge, the command is obliged to take into account the specifics of each case, especially when it comes to urgent situations that require the immediate participation of the serviceman. For example, caring for sick relatives or dealing with urgent legal issues may require the full presence and effort of a serviceman. In such cases, the command may decide to release a service member based on specific evidence, such as medical certificates, legal documents or other official confirmation.

In addition, possible exceptions to the procedure may be applied to servicemen who have special circumstances, such as a serious health condition or the need to care for family members with disabilities. In such situations, a decision may be made to accelerate the discharge or provide additional benefits to ensure adequate support for the serviceman and his family. It is important to note that each case is considered individually, and the command may make decisions based not only on legal norms but also on humanitarian considerations.

Dismissal procedure

The procedure for discharge for family reasons includes several key stages:

1. Submission of a report: The serviceman must submit a report to his immediate commanding officer. The report should describe in detail the reason for the dismissal, provide all the circumstances and attach the necessary documents confirming the existence of family problems.
    
2. Consideration of the report by the command: The unit commander reviews the report, checks the documents and makes a decision on the possibility of dismissal. If necessary, additional documents or clarifications may be requested.
    
3. Decision-making: After reviewing all the materials, the command makes a decision on dismissal or refusal of dismissal. In case of a positive decision, the serviceman receives a discharge order.
    
4. Paperwork: The serviceman receives all the necessary documents on discharge, including a military ID card with a record of the reason for discharge.
    

Legal aspects and obligations

Dismissal for family reasons is regulated by the current legislation of Ukraine, which defines the conditions and procedure for such dismissal. Servicemen and women applying for discharge must provide all necessary documents and evidence to support the grounds for discharge. Abusing this right or providing false information may have legal consequences, including liability for attempted fraud.

It is important to note that dismissal for family reasons is not an automatic right and depends on service needs and the decision of the command. Servicemen and women must comply with all conditions of discharge, including timely submission of a report and informing the command of changes in circumstances that may affect their status.

Possible difficulties and their solutions

The process of being released for family reasons may be accompanied by certain difficulties, such as lack of proper documentation or difficulty in proving the existence of difficult family circumstances. In such cases, it is important to seek the assistance of lawyers or social services who can provide advice and support in collecting the necessary documents.

It is also important to inform the command in a timely manner of all circumstances that may affect the decision to discharge and to be prepared for possible requests for additional information or confirmation.