How to apply for care in order to receive a discharge from the Armed Forces

Today, a significant number of servicemen apply for discharge on the basis of the need for constant care from a third party.

Permanent outside care means the need for assistance for persons with a severe disability caused by an occupational disease, disability or accident, which significantly limits their life activities, and who are not capable of self-care without the constant care, support or supervision of another person.

Normative basis

In accordance with subparagraph "d" of clause 2 of part 4 of article 26 of the Law of Ukraine "On Military Duty and Military Service", a serviceman may resign in the following cases:

• - in connection with the need to provide constant care for a sick wife (husband), child, as well as one's parents or the wife (husband), which is confirmed by the relevant medical opinion of the medical and social expert commission or the medical and advisory commission of the health care institution;
• - in connection with the need to provide constant care for a person with a disability of the I group;
• - in connection with the need to provide constant care for a person with a disability of the II group or for a person who, according to the opinion of the medical and social expert commission or the medical and advisory commission of a health care institution, needs constant care, in the absence of other persons who can to carry out such care.

List of necessary documents and actions

Based on the above norms, in order to confirm the need for constant care, it is necessary to obtain the opinion of the medical and social expert commission (MSEK) or the medical and advisory commission (MCC) of the health care institution. In practice, the MSEK certificate provides certain social guarantees for the person who will provide care, so obtaining it is more difficult compared to the LKK certificate.

In general, regulatory legal acts determine specific criteria for providing a conclusion of the LCC of a health care institution, in particular, the main reason is the permanent (for at least a month) presence of a person with a disability of one of the listed types of life limitation.

To undergo a medical and social examination, you need to contact a medical and preventive health care institution. The attending physician will conduct a comprehensive examination and treatment, and based on this, draw up an appropriate conclusion.

The procedure for registration of permanent personal care has clearly defined steps, but differs depending on the category of persons for whom care is planned. In general, a person who wants to arrange care submits a standard package of documents, including medical documents and certificates, to the relevant authorized social protection body.

To be released, a serviceman must submit a report and provide relevant supporting documents. It is important that the report is registered in part or contains the signature of the person who accepted it and the date of acceptance of the document.

In practice, commanders of military units often refuse to sign a report on the basis of constant care for a grandparent or sibling, arguing that exemption is possible only because of parental care. However, this is not true, and in such a situation, a military lawyer can help resolve this issue.

Lawyer for the protection of the rights of conscripts

A lawyer for the protection of the rights of conscripts plays a key role in ensuring the realization of the right to postponement of conscription. The legislation of Ukraine provides several grounds for obtaining a deferral, including health, family circumstances, studies and professional activity. In order to receive a deferment, you must submit an application to the Military Commissariat with supporting documents, undergo a medical examination if necessary, and receive a decision of the Military Commissariat. The lawyer helps in the preparation of documents, provides consultations and represents the interests of conscripts in disputed situations, ensuring their legal rights.