How to apply for care in order to receive exemption from the Armed Forces?

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Borevych Mariia

Lawyer

Ukraine / Kyiv

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Publication date: 21.10.2024

I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.

Dismissal from military service for care is a serviceman's termination of official duties and leaving the ranks of the Armed Forces of Ukraine. This can happen for various reasons defined by law and involves a formal procedure. Dismissal can be at the initiative of the serviceman himself (for example, due to health, family circumstances or the end of the contract), and at the initiative of the command (for example, in case of a violation of discipline).

The main grounds for dismissal from military service of the Armed Forces:

• According to the state of health: if the serviceman cannot perform his duties due to illness or disability, confirmed by the medical commission.
• Due to family circumstances: caring for parents, spouse, children or other close relatives who need constant care. In connection with the presence of minor children or other circumstances requiring the constant presence of a serviceman in the family.
• End of contract: After the contract expires, the serviceman can be discharged or enter into a new contract.
  Voluntary: provided that the serviceman has valid reasons and submits an appropriate report, which will be reviewed and, if warranted, approved by the command.
• On the initiative of the command: for violation of military discipline, failure to perform official duties or other violations.

In addition to caring for members of the second degree of kinship, an exemption from the ZSU for caring for parents is also possible, provided that the parents must have medical indications that confirm their need for constant care (for example, the presence of disability of the first or second group or other serious diseases). To confirm this, a medical certificate or an opinion from a medical and social expert commission (MSEK) is required. You must also provide documents confirming that you are the son or daughter of the person in need of care leave from the Armed Forces (for example, a birth certificate).

Procedure for registration of dismissal from the Armed Forces:

1. Preparation of the report: the serviceman writes a report in which he notes the reason for dismissal and attaches supporting documents (medical certificates, documents on marital status, etc.).
2. Review of the report by the command: the commander of the unit or unit reviews the report, checks the documents and decides on further actions.
3. Conducting a medical examination (if required): in some cases, a medical board is appointed to confirm the state of health.
4. Issuance of the dismissal order: after approval of the report and verification of all circumstances, an official order for the dismissal of the serviceman is issued.
5. Payments and documentation: the serviceman receives his due payments and discharge documents (for example, a military ID with the appropriate mark).

If you need additional advice or help with the discharge process, you can contact a lawyer who specializes in military law. Exemption from dismissal from military service to care for parents is possible if parents need constant care due to health or disability. Exemption from military service to care leave for a grandmother who is a member of the second degree of kinship is possible, but it is a more complicated procedure than caring for persons of the first degree of kinship (parents or children).

Conditions for exemption from taking dismissal from military service to care for grandmother:

• Confirmation of the need for constant care: you need to get a medical certificate or an opinion of the medical and social expert commission (MSEK), which will confirm that the grandmother needs constant care due to a serious health condition or disability.
• Prove that you are the only possible carer: To be exempt on the basis of caring for a grandmother as a member of the second degree of kinship (grandchild), it is necessary to prove that there are no other relatives who can provide this care.
• This may include: health records of other relatives who could take on caregiving duties but are unable to do so. Written confirmation from other relatives (if any) that they are unable to provide care.
• Proof of relationship: providing documents that prove your family connection to your grandmother (for example, your birth certificate and your father's or mother's birth certificate to establish the line of kinship).

The procedure for dismissal from the military service of the Armed Forces of Ukraine:

Collecting documents: get a medical certificate or MSEK conclusion for the grandmother. Collect documents confirming your family relationship and the absence of other persons capable of providing care.

Writing a report: prepare a report in the name of the commander of the military unit, where you indicate the reason for your request for discharge - the need for constant care of the grandmother. Attach medical documents and confirmation of the absence of other persons capable of providing care to the report.

Review of the report by the command: the commander of the military unit will review your report and check the documents provided. If the command considers the reasons justified, the report will be sent to the military commissariat for a final decision.

Exemption based on the care of a member of the second degree of kinship (grandmother) may be more difficult to approve, so additional legal advice may be required to prepare all the necessary documents and justifications.