Discharge of a Father with Many Children from the AFU

Discharge of a Father of Multiple Children from the Armed Forces of Ukraine (AFU)

 Service in the Armed Forces of Ukraine is a distinguished duty for every citizen. However, Ukrainian legislation allows for discharge from the AFU in specific cases. One such case applies to servicemen who are fathers of multiple children. According to current Ukrainian law, families with three or more children under the age of 18 are classified as large families. These children may include: children enrolled in full-time higher education programs, up to the age of 23 and children with disabilities, regardless of age.

A father with multiple children under his care may qualify for discharge from service in accordance with the law. A father of multiple children who supports such children may qualify for dismissal from service under the law. The dismissal procedure involves reviewing the application by the relevant military authorities, who make a decision based on the evidence provided and compliance with legislative requirements. If the decision is positive, the father of multiple children is released from further military duties.

 Legal Framework for Postponement or Discharge

Postponement of conscription for military service is a legal norm that provides citizens with temporary exemption from military duties under certain circumstances defined by law. The basis for granting a postponement lies in the legal acts of Ukraine that regulate issues of defense, military duty, and mobilization. Key legislative acts governing the process of postponement of citizens dependent on three or more children under the age of 18 years old include:

• The Constitution of Ukraine;
• The Law of Ukraine “On Military Duty and Military Service”;
• The Law of Ukraine “On the Social Protection of Children and Large Families”;
• The Law of Ukraine “On Mobilization Preparation and Mobilization”;
• Orders of the Ministry of Defense of Ukraine.

Granting a postponement is an essential mechanism for balancing the military needs of the state and the social interests of its citizens. Ukrainian legislation clearly defines the grounds, procedures, and categories of persons entitled to postponement, including citizens studying, raising children, experiencing temporary health issues that prevent service, or employed in critical state sectors. This approach aims to protect citizens' rights and ensure effective military duty performance in extraordinary circumstances.

Grounds for Discharge of a Father of Multiple Children

The dismissal of servicemen from the Armed Forces of Ukraine is regulated by current legislation, which considers various life circumstances affecting their ability to fulfill military duties. One such circumstance is the status of a father of multiple children. The legislation provides specific grounds for the dismissal of individuals who support three or more children or children under special circumstances, such as education or disability. A father of multiple children may be discharged from service under the following circumstances:

1. Family Circumstances. If the serviceman is the sole breadwinner or has three or more children under his care.
2. Health Conditions. If a medical commission determines that the serviceman cannot continue service due to health issues (with the fact of having multiple children serving as an additional factor).
3. Mobilization-Related Exemption. Fathers of multiple children may be discharged under specific provisions of the Law of Ukraine “On Mobilization Preparation and Mobilization.”

A father of multiple children has the right to be dismissed from the Armed Forces of Ukraine if he meets the legislative criteria, namely: supporting three or more children under the age of 18, children studying full-time up to the age of 23, or children with disabilities regardless of age. This decision aims to balance the military duties of citizens and support families requiring special protection and care.

Procedure for Discharge 

Providing Supporting Documents. Which documents are required for the deferment of citizens who are dependent on three or more children under the age of 18 ? The following must be attached to the report:

• Copies of birth certificates for all children.
• A certificate of family composition.
• An enrollment certificate for children over 18 years of age who are in full-time education.
• Medical documents (if applicable).
• Any other documents confirming eligibility for discharge.

A complete list of documents for the deferment of citizens who have three or more dependent children under the age of 18 ensures a smooth process. The commander of the military unit is obligated to review the request and forward the documents to the appropriate personnel department. If the grounds for discharge are confirmed, an official order for discharge is prepared. After the order is issued, the serviceman completes the required formalities, including the return of military equipment, and receives all necessary documents for removal from the registry.

Common Challenges and How to Address Them

Military servicemen often face significant challenges during the stages of deferment of citizens who have three or more dependent children under the age of 18. A military lawyer can be instrumental in resolving these issues. Common challenges include:

1. Denial of Discharge.Command may reject the request due to insufficient documentation or other reasons. A lawyer can help draft a formal appeal or complaint.
2. Delays in Processing. If the discharge process is unnecessarily prolonged, the serviceman may escalate the issue to higher command or file a court claim for violation of rights.
3. Insufficient Evidence.Missing or incomplete documentation should be obtained from relevant institutions (civil registry offices, educational institutions, or medical facilities).

If you need assistance, a lawyer for the postponement of citizens who have three or more dependent children under the age of 18 can help guide you through the legal process and ensure your rights are protected. If you are unsure how to find a lawyer for the deferment of citizens who have three or more dependent children under the age of 18, it is recommended to seek specialized legal services. A military lawyer can greatly simplify the process of discharging a father of multiple children by:

• Providing consultation on the deferment of dependent citizens three or more children under the age of 18.
• Assisting with the list of documents for the deferment of citizens who have three or more dependent children under the age of 18.
• Helping draft the discharge request.
• Offering legal advice on deferment of dependent citizens three or more children under the age of 18.
• Representing the serviceman’s interests in court.

What is the the cost of deferred payment for citizens with three or more dependent children under the age of 18 ? Legal fees may vary depending on the complexity of the case and the lawyer’s expertise. A consultation with a qualified military lawyer can provide a clear estimate of potential costs. 

Important Questions Regarding Discharge

 

Question 

Is a medical commission required for discharge?

Answer 

A medical commission is not mandatory for discharge due to having multiple children, but it may be necessary if health issues are cited as a reason for discharge.

Legal assistance from "Consultant"
 

Military Matters Consultations. We provide consultations on all aspects of discharge from service, including document processing and grounds for discharge.

Legal Support. Our lawyers will assist with the preparation of applications, reports, and other necessary documents for discharge.

Protection of Your Rights. We provide legal protection of your rights in case of violations of the discharge procedure or other disputes.