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Discharge from military service for care

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  • poland Poland +48
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Publication date: 20.05.2024
Reading time: 4 minutes
Number of views: 472
Stage Term (days) Cost
  • 1
    Preliminary consultation and analysis of the grounds
    1 UAH 1,140.00

    Lawyer's actions:

    • Gathering initial information about the client and the circumstances of the case.
    • Verifying available medical certificates and documents proving family ties.
    • Analysing the legal grounds for dismissal on grounds of care.
    • Identifying additional evidence that could strengthen the case.
    • Providing recommendations on further steps.
  • 2
    Preparation of documents
    2 UAH 2,280.00

    Lawyer's actions:

    • Drafting a legally sound report and statement.
    • Preparing accompanying letters for the command.
    • Compiling a complete set of documents (copies, extracts, certificates).
    • Agreeing on the wording with the client to avoid ambiguities.
    • Verifying that the documents comply with regulatory requirements.
  • 3
    Support of submission and control of consideration
    2 UAH 1,368.00

    Lawyer's actions:

    • Submission of a package of documents to the military unit or relevant authority.
    • Monitoring of deadlines for consideration and receipt of interim responses.
    • Consulting the client on possible additional requests from the command.
    • Appealing the refusal (if necessary).
    • Completion of the case until the order of dismissal is received.
In general
5 UAH 4,788.00

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Discharge from military service for caregiving: legal grounds and formalities

Discharge from military service for caregiving for sick relatives or children is one of the exceptions provided for by law, which allows military personnel to leave the Armed Forces of Ukraine or other military formations in peacetime or wartime. This procedure requires proper legal formalities and documentary evidence of the need for care. Properly executed documents, legal support and a clear understanding of the legal grounds are the key to a successful procedure.

Who is eligible for discharge from military service for caregiving

The right to discharge from military service for caregiving is enshrined in Ukrainian legislation and regulated by the provisions of the Law of Ukraine ‘On Military Duty and Military Service’ and subordinate legislation. This right is not automatic — it requires confirmation by relevant documents and justification of the need for caregiving. Below is a list of categories of persons for whom discharge is possible:

  • Disabled parents or spouse.
  • A child with a disability.
  • A child under the age of 18 who has a serious illness.
  • Other family members if they are in poor health.

After compiling a package of supporting documents (medical report, documents confirming family ties, medical examination certificates), the discharge procedure can be initiated. It is important to remember that all certificates must be valid at the time of submission.

Procedure for discharge from military service for caregiving

The procedure for dismissal from military service for caregiving involves several mandatory steps, each of which must be performed clearly and in accordance with regulatory requirements. It is necessary to act consistently, keeping all copies of documents and recording the date of each application or submission. Here is a typical procedure:

  1. Collect medical certificates and conclusions from the medical advisory commission (MAC).
  2. Submit a report to the unit commander with justification.
  3. Provide proof of kinship (birth certificate, marriage certificate, etc.).
  4. Waiting for consideration and approval of the decision by the higher command.

After a positive decision, a dismissal order is issued and the information is entered into the serviceman's personal file. It is important to note that the decision may be delayed, especially if there are doubts about the authenticity of the documents.

Legal nuances and risks of refusal

Even if formal procedures are followed, there may be cases of refusal to discharge. The reasons often lie in subjective assessments or incorrect documentation. Here are the most common situations in which a military serviceman may be refused:

  • Incomplete medical documents or their non-compliance with requirements.
  • Non-recognition by the Medical Commission of the need for constant care.
  • Doubts about the authenticity of family ties.

It is important to understand that any refusal must be justified in writing. If there are arguments and proper legal support, the decision can be appealed in an administrative or judicial procedure.

Stages of legal support

Engaging a lawyer can significantly increase the chances of a positive outcome in the dismissal case. They not only check the package of documents, but also accompany the entire process — from consultations to representation in court.

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Assessment of grounds — verification of documents confirming the possibility of dismissal.

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Preparation of statements and reports — drafting a legally sound justification.

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Support in submission — monitoring the transfer of documents to the unit.

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Appealing refusals — filing complaints or lawsuits in court.

Having an experienced lawyer reduces the likelihood of formal refusals and speeds up the decision-making process. The lawyer acts in the interests of the military personnel, using all legal tools.

Frequently asked questions about discharge from military service for care

Question

How long does the discharge process take?

Answer

Depending on the situation, on average — from 2 to 6 weeks. With legal support, the process is accelerated.

Question

What documents are required for discharge on grounds of care?

Answer

Medical opinion of the Medical Commission, documents proving kinship, application, report, copy of ID card.

Question

Can discharge be denied if the Medical Commission has not indicated the need for permanent care?

Answer

Yes, in this case, the command may reject the report. It is worth contacting a lawyer to undergo a second Medical Commission examination or to file a court appeal.

Question

Is there a difference between the discharge of an officer and a contract soldier for care?

Answer

The procedure is similar for all categories, but for officers, discharge requires approval from higher headquarters, which can increase the length of the process.

Conclusion

Discharge from military service for caregiving is a right guaranteed by law, but it often faces formal barriers. To avoid refusals and speed up the process, it is advisable to hire a lawyer. The Consultant service team has experience in such cases and will help you go through this procedure legally, quickly and efficiently. Regardless of the complexity of the situation, there are effective legal mechanisms to protect the interests of the serviceman and his family.

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Reviews

From Real Users

TR
Taras Rybak

I needed to look after a child with a disability, but the command did not immediately meet me halfway. Thanks to the lawyer, all the certificates and confirmations were flawlessly drawn up, and the case was resolved quickly.

MD
Mykhaylo D.

The service is of high quality, but I did not receive feedback immediately due to the lawyer's heavy workload. However, when we started working, everything went smoothly and without errors.

VO
Volodymyr

Professional work! Initially, I was rejected due to an "incomplete package of documents", but the lawyer appealed the decision, and within two weeks I received a positive response.

AK
Andriy Kostenko

The lawyer was very attentive - he even contacted doctors to ensure that everything was correct in the certificates. I got my dismissal without any refusals, and they also told me how to apply for social assistance.

SP
Serhiy Polishchuk

They helped me to collect medical documents and formulate the report correctly. The only thing that was a little disappointing was that the time for consideration in some cases was longer than I expected, although the lawyer did everything in his power.

ML
Maryna L.

I had to take time off work to care for my mother after a stroke. I would not have been able to cope with all the certificates and requirements of the Medical Examination Committee on my own. The lawyer explained everything, prepared the documents and accompanied me until I received the order. Without his help, the procedure would have dragged on for months.

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  • Do you have an official confirmation from the Medical and Health Care Committee about the need for constant care?
  • Do you have documents confirming your relationship with the person you are caring for?
  • Have you ever been denied dismissal due to an "incomplete package of documents"?
  • Do you know how to appeal against a refusal to grant care leave?
  • Do you need help preparing your report and resignation letter?
  • Do you want a lawyer to handle your case until you receive your dismissal order?
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