Back in the early days of Russia's full-scale invasion, many brave men and women came to the defense of Ukraine. Unfortunately, there are situations when they can no longer continue to serve. For example, due to the illness of one of the relatives.
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Lawyers Irina and Vladislav Leonov explained whether the illness of one of the family members could be a reason for dismissal from the army.
The grounds for dismissal from military service are specified in Article 26 of the Law " According to the specified norm of the legislation, military personnel have the right to be dismissed due to the need to provide constant care for a sick wife (spouse), child, as well as their parents or wife (spouse), which is confirmed by the relevant medical report of the medical and social expert commission or medical advisory.
If there are grounds provided for by law, dismissal is possible at any stage of military service..
In this case, the law does not make any reservations regarding the presence of other relatives who are obliged to care for the parents..
A soldier who wishes to retire from military service should submit a report and documents confirming the grounds for dismissal to the immediate commander in the order of subordination.
The commander, after considering and satisfying the report, passes it on to his immediate commander with a note on the petition on the specified issue. And then the report with the documents is transferred to the commander of the military unit or another official who has the right to resolve issues on the merits. The report must reach the last link with the petitions of direct commanders (chiefs).
The terms of consideration of the report submitted for dismissal are not provided for by the current legislation. But in practice it is about 1-2 months.
Thus, the military needs to write a report addressed to the commander. Copies of notarized documents must be attached to the report:.
You must provide:.
medical documents confirming the need for outside care (certificate of MSEK or VKK);
Documents confirming family ties (passports, birth certificates);
documents confirming the registration of the place of residence (the law does not require this, but it is better to provide). That is, attach a document that confirms the joint residence permit of a soldier and a sick relative.
In October, amendments were made to the resolution, which approved the procedure for granting the status of a participant in hostilities. Now volunteers can get it.