Legal aspects of dismissal from military service for family reasons: what do you need to know?

Legal aspects of dismissal from military service for family reasons: what do you need to know?

With the beginning of the war in Ukraine, the issue of discharge from military service becomes especially urgent, in particular, in connection with family circumstances. Quite often, military personnel or their families are faced with circumstances that require an urgent resolution of family problems, which creates the need for discharge. In this article, we will consider in detail what legal aspects need to be taken into account when being dismissed from the ranks of the Armed Forces of Ukraine (AFU) for family reasons.

Family circumstances for discharge from the Armed Forces may include the need to care for a child, a person with a disability, or other family members, as well as situations where a service member is the sole guardian of a child or is experiencing other serious family difficulties.

Family circumstances are personal life situations provided for by law, which may become grounds for the dismissal of a serviceman from service. Dismissal for family reasons from the Armed Forces is possible for servicemen who have special family reasons provided for by law, such as caring for a child or close relatives with disabilities.

Legislation provides for specific family circumstances under which a report for dismissal can be filed.

The procedure for dismissal from the Armed Forces due to family circumstances involves a number of formalities that must be completed for its approval.

Legal advice can help to correctly draw up a report on dismissal from the Armed Forces due to family circumstances.

According to the current legislation of Ukraine, there is a clear list of family circumstances that can be grounds for dismissal from the Armed Forces. Below are the most common reasons:

• Pregnancy of female servicemen.
• 
  Servicewomen on leave to care for a child up to the age of three, or if the child requires home care up to the age of six.
• 
  Wife, if both spouses serve in the Armed Forces and have children under 18 years of age.
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  Caring for a disabled spouse or parent.
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  Three or more children under the age of 18 are dependent on a serviceman.
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  Military personnel who are raising children on their own due to the death of the second parent, his recognition as missing or deprived of parental rights.
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  Military personnel who are guardians or custodians of orphans or children deprived of parental care.
• 
  The presence of children with disabilities or seriously ill children.
• In case of death or disappearance of close relatives during an anti-terrorist operation or in measures to ensure national security and defense. 
• The posthumous awarding of the title of Hero of Ukraine to close relatives for acts of civic courage during the Revolution of Dignity is also a reason for dismissal.

In order to start the procedure for dismissal from the Armed Forces on family grounds, a serviceman must submit a report on dismissal from the Armed Forces on family grounds. It is important to note that this report must be prepared in accordance with the requirements of the law. The main elements that must be included in the report are as follows:

1. Indication of the grounds for dismissal (family circumstances).
2. 
   Justification of the need for dismissal.
3. 
   Documents confirming family circumstances (medical certificates, birth certificates of children, etc.).
    

The procedure for dismissal from the Armed Forces due to family circumstances

The procedure for dismissal from the Armed Forces for family reasons involves several main stages. First, submitting a report to the command. After that, the documents are checked for compliance with the grounds for dismissal. It is important to keep in mind that the command has the right to request additional documents to confirm the specified circumstances.

In order for the dismissal process to be completed, it is necessary to provide documents confirming the family circumstances that became the basis for the dismissal. These can be:

1. Children's birth certificates.
2. 
   Medical certificates confirming the need to care for a sick child or family member.
3. 
   Court decisions or other official documents.

During martial law, dismissal from the ranks of the Armed Forces due to family circumstances is possible, but it has certain limitations. A serviceman who submits a report for discharge should take into account that the decision is made on the basis of circumstances and supporting documents. However, in cases where family circumstances are critical (for example, caring for sick children), the probability of a positive decision increases.

Legal support in matters of dismissal

The "Consultant" service provides assistance in drafting documents and legal advice. Specialists will help you clarify issues related to dismissal from the ranks of the Armed Forces due to family circumstances and provide professional support during the dismissal procedure.

Here is a list of legal services that can be provided by the lawyers of the "Consultant" service when you are discharged from military service due to family circumstances:

• Consultations on dismissal. Explanation of the legal grounds for dismissal, as well as the procedure for its registration.
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  Preparation of documents. Compilation of the dismissal report and other necessary documents.
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  Analysis of family circumstances. Assessment of a specific situation to determine the legal grounds for dismissal.
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  Legal assistance in gathering evidence. Consultations regarding documents that confirm family circumstances (medical certificates, birth certificates, etc.).
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  Appealing refusals. Assistance in case of refusal of dismissal, including preparation of appeals.
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  Consultations on issues of social protection. Information on rights to social benefits and benefits after dismissal.
   

Dismissal from the Armed Forces of Ukraine can occur due to family circumstances, including the need to care for a child, a person with a disability, or other serious family obligations.