DISMISSAL DUE TO THE PRESENCE OF A DISABLED CHILD - LEGAL SUPPORT
Military servicemen serving under a contract or as a result of mobilization during martial law have the right to be exempted from military service for family reasons. One of these reasons is the need to raise a child with a disability who has not reached the age of 18.
Legal grounds for dismissal
The Law "On Military Duty and Military Service", namely Paragraph 7, Item 3, Part 12, Art. 26 stipulates that military personnel have the right to release in cases when it is necessary to raise a child with a disability under the age of 18, provided that there are no other persons obliged to raise it. According to the legislation of Ukraine, in particular the Family Code, parents have equal responsibilities and rights regarding the upbringing of children, regardless of the presence or absence of marriage. In addition, grandparents, great-grandparents and great-grandparents also have the right to participate in the upbringing of their grandchildren and great-grandchildren (Part 1 of Article 257 of the Family Code of Ukraine).
When grounds for dismissal may be revoked
The absence of a clear definition can lead to the "cancellation" of the grounds for dismissal from military service. In situations where there are no other persons who have the obligation to raise a child, the independent upbringing of a child under the age of 18 becomes the basis for the dismissal of a serviceman.
A deferment from military service can be obtained by any of the conscripted parents of minor children with disabilities and children with serious diseases (the list of diseases is approved by the Ministry of Health) - without the requirement "in the absence of other persons who are obliged "I have to raise her". It should be emphasized that any of the conscripted parents of minor children with disabilities and children with serious illnesses can receive a deferment from military service without the requirement of “the absence of other persons who are obliged to raise her”.
What to do if you were denied a deferral
In case of receiving a reasoned written refusal, the serviceman has the right to appeal this decision in court, if there are grounds. The court considers such cases in separate proceedings to establish legally significant facts, in accordance with Article 293 of the Civil Procedure Code of Ukraine. In order to appeal, you need to apply to the district or city court with the appropriate application and provide confirmation of the upbringing of a child with a disability under the age of 18.
Submission of documents for release
To be released from military service, a serviceman must submit a report with a request for release in the name of his immediate commander. The report should be accompanied by a set of certified documents confirming the fact of independent upbringing of a child with a disability under the age of 18, as well as documents confirming the absence of other persons obliged to raise it.
Required documents include:
- passport and identification code
- child's birth certificate
- medical opinion of the medical and advisory commission (MCC) regarding the child
- individual child rehabilitation program
- certificate of a child with disabilities, etc.
- all documents confirming the absence of another person obliged under the Family Code of Ukraine to raise a child, in particular: a death certificate of one of the parents, a court decision to deprive one of the parents of parental rights, a court decision on recognition of one of the parents as missing, court decision on declaring one of the parents dead
After reviewing the report, the commander of the military unit issues an order for dismissal, and the serviceman's personal file is returned to the Territorial Center for Recruitment and Social Support at the place of his registration.
Services of a lawyer in military cases
If you have any questions regarding dismissal from military service on the basis of raising a child with a disability under the age of 18, you can get advice from military lawyers of the legal marketplace "Consultant". Our specialists also provide full support for the dismissal process, starting with writing a report and ending with receiving a dismissal decision.
Current questions - answers
Questions
What are the grounds for dismissal from military service in connection with raising a child with a disability?
Answer
Military personnel have the right to be exempt if they are raising a child with a disability under the age of 18, provided that there are no other persons obliged to raise him. This is provided for in Article 26 of the Law "On Military Duty and Military Service".
Questions
How to prove that there are no other persons who can raise the child?
Answer
For this, it is necessary to provide documents confirming the circumstances, such as death certificates, a court decision on the deprivation of parental rights or recognition of the father as missing
Questions
What to do if the commander refused to release?
Answer
In the case of a motivated written refusal, the serviceman has the right to appeal such refusal in court by applying to the district or city court with a corresponding application.
We offer the following services:
- consultations on discharge from military service;
- analysis of documents for grounds for dismissal;
- making a report on dismissal;
- requesting a dismissal decision
- appeal of dismissal refusal.
Advantages of cooperation with the legal marketplace 'Consultant'
Legal marketplace 'Consultant' provides:
Qualified lawyers who specialize in protecting the rights of debtors.
Best efforts to ensure a positive outcome.
Confidentiality guarantee and individual approach to each client.
Call us at +380637375800, our specialists are ready to answer all your questions.
Dismissal from military service in the presence of a child with a disability is an important right for military personnel, which is regulated by the legislation of Ukraine. According to paragraph 7, clause 3, part 12 of Art. 26 of the Law "On Military Duty and Military Service", military personnel have the right to be discharged if they independently raise a child with a disability who has not reached the age of 18, while there are no other persons obliged to raise it. In the process of dismissal, it is important to submit the necessary documents, including certificates confirming the circumstances of upbringing. In case of questions or problems related to dismissal, servicemen can seek legal help from specialists of the legal marketplace "Consultant", who are ready to provide advice and full support in all stages of the process. Professional support is the key to successfully solving issues arising in this delicate area.
