How military personnel can resign from service – a complete list of grounds specified by law

Grounds for dismissal from service are defined by law / Photo: Getty Images

During martial law and general mobilization, some military personnel may be released from service. In particular, this possibility is provided for by family circumstances defined by law.

.What exactly are the situations in question and what is the dismissal algorithm – read the material on Channel 24.

What are the reasons for dismissal from service?

Among the reasons for dismissal from service are pregnancy, caring for children and family members, caring for persons with disabilities, as well as the death or disappearance of close relatives.

Grounds related to pregnancy and childcare:

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  • due to pregnancy;
  • while on leave to care for a child under three years of age;
  • if the child needs home care – until the age of six, provided there is a medical certificate.

Grounds related to the presence of children:

  • both spouses are serving in the military and raising a child under the age of 18 – in this case, the wife may have the right to be discharged;
  • the serviceman is supported by three or more children under the age of 18, provided that there is no arrears in alimony payments exceeding the amount of payments for three months;
  • a person is raising a child under the age of 18 on their own, in particular if one of the parents has died, disappeared, been deprived of parental rights or is absent for other legal reasons.

Family circumstances related to the upbringing and care of children may also be grounds for dismissal. In particular, this applies to military personnel who:

  • adopted an orphan or a child deprived of parental care under the age of 18;
  • are guardians, custodians, adoptive parents or foster parents;
  • are raising a disabled child under the age of 18 on their own;
  • support an adult child with a disability of group I or II;
  • raising a child with serious illnesses or conditions, including cancer, cerebral palsy, type I diabetes, severe nervous system damage, as well as in the event of a need for transplantation or palliative care, if the disability has not been established and there are no other able-bodied persons obliged to support the child.

The right to be released from service is also granted to military personnel who provide constant care for:

  • a wife or husband with a disability of group I or II;
  • a wife or husband with a group III disability, if the disability is related to cancer, loss of organs or limbs, mental disorder or paralysis;
  • parents or parents of a spouse with a disability of group I or II – provided that there are no other relatives of the first or second degree of kinship who can provide care;
  • an incapacitated person under guardianship; a second-degree relative with a disability of group I or II – if there are no other relatives capable of providing care.

Death or disappearance of close relatives:

  • close relatives died or went missing while participating in the ATO, JFO, or during the repulsion of armed aggression against Ukraine;
  • A relative was posthumously awarded the title of Hero of Ukraine for his participation in the Revolution of Dignity.

Important! To be discharged from service, a serviceman must submit a report along with documents confirming the existence of appropriate grounds. This report must state the reason for the discharge, as well as indicate whether there is a desire to continue service in the military reserve of the Armed Forces of Ukraine in the relevant military-accounting specialty.

In addition, it is necessary to indicate the name of the CCC and the JV to which the personal file should be transferred.

By law, the commander is obliged to review the submitted report as soon as possible, but no later than within 48 hours from the moment of its submission. Based on the results of the review, a decision is made and an appropriate order is issued to dismiss the person from service or to refuse to satisfy it.

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