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Publication date: 08.02.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
In this article we will discuss the bill 10449, which plans to make very significant changes to the rules of dismissal from military service, after which few people will be able to leave for family reasons. But at the same time, they want to introduce boundary terms of military service, too.
Boundary term of military service, after which it is possible to leave the service
Bill 10449 wants to introduce a limit term of military service - 36 calendar months, after which you can quit at will. This will be good news for those who have been serving for a long time since the beginning of the war. But it is unlikely to please the newly mobilized.
They also want to grant dismissal rights to those released from captivity.
But that's all the good news. And now let's discuss who will no longer have the right to dismissal, if they pass the bill 10449
Dismissal from military service for family reasons. Changes
The bill 10449 wants to equate contract workers and mobilized on the grounds for dismissal for family reasons.
And now they plan to introduce such grounds for dismissal:
The right to dismissal will be for military women on pregnancy or for a serviceman to care for a child up to 3 or up to 6 years.
The right to discharge will be preserved for a parent with a child under the age of 18 if the other parent is mobilized.
Dismissal rights are preserved for fathers with 3 or more children under age 18, provided there are no child support arrearages.
The right to dismissal for single fathers becomes more complicated. It is retained only for those whose child's mother has died, there is a court decision to recognize her missing or deceased, or she is deprived of parental rights.
It will be impossible for the fathers of a child who have a court ruling establishing the fact of independent upbringing of the child without the participation of the mother to be dismissed from military service, if the changes are adopted. And it still remains impossible to discharge a pardon when divorcing a wife or determining where the child lives with the father.
If Bill 10449 is passed, the right to dismissal will be given to adoptive parents, guardians and custodians of minor children under 18 years of age, are orphans or whose parents are deprived of parental rights.
And this is a plus, because previously adoptive parents, guardians and custodians had the right to defer mobilization, but the right to dismissal was not. Now it may appear.
Maintaining a minor child with a disability until age 18 is still grounds for dismissal. As well as remains the basis and the upbringing of a child sick with a particularly serious disease.
Still also the presence of an adult child with disabilities of 1 and 2 groups is a ground for dismissal, provided that he is on the maintenance, which is not easy to prove.
In general, the basis for dismissal for the reason of care for parents, husband, wife or wife's parents who need constant care is canceled. That is, those who have elderly parents or wife's parents, or a spouse with health problems, who did not formalize disability, and who could get a certificate from the MSEC or LCC that they need care and formalize care for them, and who can be dismissed on this basis, now this right will lose.
Also, the right to dismissal simply because of the presence of parents or parents of the wife, 1 or 2 group, or wife, a disabled person of 1, 2 or 3 group, without formalized care for them is lost. Now this will not be a ground for dismissal at all.
You can forget about the wife of a disabled person of group 3 as a ground for dismissal. As well as you can forget as a basis for dismissal the presence of parents of the wife of disabled persons.
Outsiders, not relatives, to care for disabled persons of group 1 or 2, or for those who need extraneous care, will also be impossible to dismiss.
And even relatives who, for example, have grandparents who have not registered a disability, but need care, it will be impossible to resign to care for them.
It will be possible to resign to care for a disabled person of the 1st group only for relatives of the 1st degree of kinship (not more than 1 person per 1 disabled person) and only if the care for the disabled person has been formalized.
It will be possible to be dismissed to care for a disabled person of the 1st group and relatives of the 2nd degree of kinship (grandchildren, grandmother, grandfather, brother, sister) (not more than 1 person per 1 disabled person), with formalized care for the disabled person, but only provided that such disabled person has no relatives of the 1st degree of kinship or they are unable to care for them physically. Moreover, the inability to care for them physically is established by a special procedure approved by the CMU, about which no one knows anything yet.
It will be possible to leave the job to care for a disabled person of the 2nd group only to relatives of the 1st degree of kinship (no more than 1 person per 1 disabled person), only if the care for the disabled person is formalized and only if the disabled person has no other relatives or they are unable to provide care physically. And the same thing, the inability to care physically is established by a special order approved by the CMU, which does not exist yet.
Guardians of incapacitated persons retain their right to dismissal.
Also those whose close relatives (husband, wife, son, daughter, father, mother, sibling) were killed or disappeared in the performance of military duties during the ATO or during the martial law in Ukraine retain their right to dismissal.
But on the same basis lose the right to dismissal, those who are killed or missing grandmother, grandfather or half-brother or sister, with whom only 1 parent in common.
In this article, I covered how the military discharge rules will change if Bill 10449 passes. I will cover the rest of the issues in future articles.
Report of dismissal from the AFU, report on discharge from military service under contract, sample report on discharge,
drawing up a report on discharge from the military service are actual services now.
