Dismissal from military service due to caring for a loved one is a legal right under Ukrainian law. If you have a relative who is unable to take care of himself or herself due to a health condition and you are the one who provides care for him or her, this may be grounds for dismissal. However, the process requires proper preparation of documents, thorough justification and compliance with all legal procedures.
When can I be discharged from military service due to caregiving?
The legislation provides for several cases when a serviceman is entitled to a caregiver dismissal:
- Caring for a seriously ill relative. This can be a father, mother, husband, wife or other close relative whose health condition is confirmed by medical documents.
- Caring for a child with a disability. If the serviceman is the only one who can provide such care.
- Caring for a disabled person. This includes relatives who need constant assistance due to old age or chronic illness.
Without proper paperwork, dismissal may be difficult or even denied.
What documents are required for dismissal?
A number of documents are required to apply for a dismissal from the Armed Forces of Ukraine for care:
- A report on dismissal. It indicates the reason for dismissal, the justification for the need for care and a list of additional documents.
- Medical documents. The conclusion of the medical and social expert commission (MSEC) on the health status of the relative, as well as certificates from doctors confirming the diagnosis and the need for care.
- Documents confirming kinship: birth certificate, marriage certificate or other documents.
- A report on the inspection of living conditions. Usually drawn up by social services or local authorities.
- A certificate from the guardianship authorities. If the caregiver is a person in need of official guardianship.
All documents must be properly executed to avoid delays or refusals.
Stages of the dismissal process
The dismissal procedure includes several consecutive steps:
- Consultation with a lawyer. A lawyer will help you determine whether your situation falls within the grounds for dismissal. An individual action plan and a list of required documents are drawn up.
- Preparation of documents. All certificates must be up-to-date, properly executed and certified by the relevant authorities. Medical documents must confirm the condition of the relative, and documents from the guardianship authorities must confirm the fact of the need for care.
- Preparing a report. The report is a key document submitted to the military unit's command. It must be drawn up in accordance with the requirements of the law.
- Submission of documents. All collected documents are submitted to the relevant authorities for review. If necessary, additional verification of the circumstances is carried out.
- Waiting for a decision. After reviewing the documents, the military leadership makes a decision on dismissal. In case of refusal, the decision can be appealed in court.
Important questions about dismissal from military service for care:
Question
Is it possible to be discharged for caring for a relative who is not a close relative (e.g. an uncle or aunt)?
Answer
Yes, but in this case, you will need to provide a more substantial justification confirming that you are the only person capable of providing care.
Question
What should I do if the military authorities refuse to release me?
Answer
You can appeal the refusal to higher authorities or in court. To do this, it is important to have all the supporting documents and a properly prepared report.
Question
Is it possible to resign due to caregiving if a relative lives in another region?
Answer
Yes, but in this case, you need to confirm that your constant care is necessary and you are ready to change your place of residence to perform these duties.
Legal assistance from the ‘Consultant’:
Speed: Prompt preparation of documents.
Protection of rights: Avoiding unlawful refusals.
Individual approach: The lawyer takes into account all the peculiarities of your situation
Legal support: Representation of your interests in courts or government agencies.
Experienced lawyers of the Consultant legal service will be able to help you with the issue of dismissal from military service due to caregiving. Contact us for a free consultation so that we can help you understand your rights and find the best way out of your situation.
Dismissal from the Armed Forces of Ukraine on the grounds of caregiving is a complicated but quite realistic process. The main thing is to comply with legal requirements, properly prepare documents and submit them in a timely manner. Engaging an experienced lawyer will help you avoid mistakes, speed up the process and protect your rights.
