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Publication date: 13.11.2024
Service in the Armed Forces of Ukraine is an honorable duty to the state and its citizens. However, certain life circumstances, such as the need to care for ill relatives, can serve as grounds for dismissal from military service. It is essential to examine the specific provisions and procedures for dismissal from military service for caregiving under current legislation, highlighting the primary requirements and details to consider, as well as the official process for obtaining a care leave dismissal from the Armed Forces of Ukraine.
Key provisions for dismissal from military service for caregiving
Dismissal from military service for care is a legal means to leave service to provide care for family members or close persons who require ongoing support due to health conditions or other critical circumstances. This right is outlined in various legislative acts of Ukraine, including the Law on Military Duty and Military Service, among other documents regulating the rights and obligations of service members, as well as the procedure and requirements for their dismissal.
Military personnel may request dismissal on the following grounds:
- Care for severely ill family members: if relatives require continuous medical care (e.g., dismissal from military service to care for grandmother ), verified by a medical institution's report, and there are no other family members of the first or second degree of kinship to provide such care.
- Sole custody of minors: when a service member is the only caregiver responsible for the daily care of minor children or children with disabilities.
- Other exceptional circumstances: situations that necessitate the constant presence of the service member to provide adequate care for relatives.
Required Documentation for Verifying Circumstances
To obtain a dismissal for caregiving, it is necessary to substantiate the request with appropriate documentation. The essential documents that a service member should provide include:
- Medical certificate: A document from a Medical Consultative Commission confirming that a family member or other person requires ongoing care.
- Official application for dismissal: The service member submits a formal report detailing the reasons for dismissal, including a description of the circumstances. This report must be signed and submitted to the appropriate commander or the head of the military unit.
- Documents verifying kinship: In cases of dismissal to care for a relative (e.g., parents), documents like ID papers or birth certificates should confirm the family relationship.
Procedure for submitting and processing dismissal for caregiving
Dismissal from military service for caregiving follows a structured procedure regulated by internal directives of military units. Every service member intending to leave service for this reason must follow established steps to complete the process lawfully. The dismissal process involves several stages, each with specific requirements to ensure compliance with legal standards.
- Filing a dismissal report: the first step is preparing and submitting a report outlining the reasons necessitating the dismissal. The report is sent for command review.
- Medical commission assessment: when seeking dismissal for caregiving based on another person’s health condition, a medical certificate is mandatory. The service member must provide all required documents from medical institutions verifying that the family member genuinely requires constant care.
- Command decision: after submitting the necessary documents, the decision to grant dismissal is made by the unit commander or head of the military unit.
Main steps for dismissal from the Armed Forces of Ukraine for care :
- Obtain medical commission findings and submit them to the military unit.
- Complete all necessary documentation with the unit’s administration.
- Final approval and signing of the order for dismissal from the Armed Forces of Ukraine.
Important сonsiderations for service members seeking dismissal of the Armed Forces of Ukraine for caregiving:
Contract obligations: service members should be aware of how dismissal from military service of the Armed Forces will affect their contractual commitments.
Medical documentation: the medical commission's findings should be comprehensive and clearly document the health status of the individual receiving care.
Family circumstances: the service member must provide a complete set of documents proving their family situation, relationship to the relative, and the need for caregiving.
Question
Can a service member be dismissed for caregiving if they have minor children?
Answer
Yes, if the service member is the sole caregiver and it is verified that no other assistance is available, this can serve as grounds for dismissal for caregiving.
Question
Can the command deny care leave from the Armed Forces if all necessary documents are provided?
Answer
The command may deny the dismissal even with all documents if they believe that the service member’s absence could negatively impact the unit’s operational capability. However, the denial must be justified and compliant with legislative standards, and the decision can be appealed to higher authorities or through legal channels.
Question
What is the procedure for submitting a dismissal request to care for parents if the service member is on the front lines?
Answer
If the service member is on the front lines, they can submit the dismissal request through their immediate commander or send the report via military mail. Due to the nature of military service, the process may take longer, but the request must be reviewed with all documents and circumstances taken into account.
Dismissal from military service to care for parents, close relatives, or children is a complex process requiring strict adherence to regulatory requirements and the collection of appropriate documentation. In today’s context, where military personnel play a critical role in defending the country, state legislation seeks to balance defense interests with service members' rights. For successful dismissal from the AFU for caregiving, it is crucial to prepare a full set of documents and pay close attention to the correct application process and legal grounds for dismissal. Not all situations guarantee automatic dismissal, even when circumstances appear justified. Command decisions may depend on the current operational situation or the service member’s personal conditions, meaning that appeals or reconsideration of the case with new arguments may be possible in case of refusal.
