Since the start of the full-scale invasion and mobilization, many servicemen have found themselves in a situation where they need to be discharged from service for family circumstances. One of the most common and weighty grounds is having three or more children under the age of 18. Despite clear legal provisions, the discharge process often runs into bureaucratic obstacles, and commanders of military units ignore submitted reports. In this article we explain how to correctly prepare the documents and what steps to take to protect your right to discharge.
Legal grounds for discharge
A serviceman’s right to discharge during martial law for family circumstances is governed by the Law of Ukraine “On Military Duty and Military Service”. Article 19 of this law, as well as the relevant provisions of a Presidential Decree and a Cabinet of Ministers Resolution, define an exhaustive list of grounds. One of them is having three or more children under the age of 18 as dependents.
Who has the right to discharge on this ground
- Servicemen who have the status of a parent of many children (a father or mother of a large family).
- Servicemen who are guardians, custodians or foster parents of three or more children.
- The existence of alimony arrears does not affect the right to submit a report, but may be taken into account by the court.
- Servicemen who support three or more children but evade paying alimony for more than three months are not subject to discharge.
Importantly, the law does not require living together with the children to confirm the fact of support, since parental duties remain regardless of this.
Documents to confirm the support of three children
A key point in the discharge process is the correct preparation of the package of documents confirming the fact of support. The law does not provide an exhaustive list, so it is worth preparing as much confirmation as possible to avoid dragging out the process.
The necessary documents:
- Birth certificates of all three children.
- A marriage certificate (if the children are from different marriages, divorce certificates and other documents may be needed).
- Documents confirming the fact of support, which may be: a court decision on the recovery of alimony and a certificate from the enforcement service on its timely payment; a bank account statement on regular transfers of funds for the children’s support; a notarized support agreement; a certificate on the family composition or a certificate of registered place of residence; other documents that can confirm financial participation in raising and supporting the children.
How to deal with reports being ignored
Unfortunately, there are frequent cases when the command ignores a report. Steps to take:
- Re-submitting the report. Submit the report again, but this time register it officially (for example, at the military unit’s office) with an incoming number. This will be official proof that you made the relevant request.
- Engaging a lawyer. Turning to a qualified lawyer who specializes in military law can significantly speed up the process. A lawyer will help draw up the report correctly, prepare the package of documents taking into account all legal requirements and handle communication with the command.
- Appealing to higher authorities. If the report is ignored, you can turn to higher military bodies (the Operational Command, the Ministry of Defense) or to the Military Law and Order Service with an official complaint.
Court protection and the final result
If all pre-trial attempts have not produced a result, the last step may be going to court. The court, having considered the evidence provided, may oblige the commander of the military unit to make a decision on discharging the serviceman.
The result of a successful discharge: the issuance of the commander’s order on discharge; payment of all due financial compensation, including the monthly bonus, the allowance for special conditions of service, additional monetary remuneration and one-time monetary aid in connection with the discharge; removal from the military register and a return to civilian life.
Frequently asked questions
Can a serviceman with three children be discharged?
Having three or more children under 18 can be a ground for discharge or for not being taken into service in the cases defined by law.
What are the grounds for discharging a serviceman with many children?
Supporting three or more children under 18; the specific conditions and list of documents depend on the situation and the current provisions.
What documents are needed for discharge?
Documents confirming the family composition and the support of the children: birth certificates, certificates on the family composition and others as needed.
What should I do if discharge is refused?
A refusal can be appealed to the command or to an administrative court; it is important to record the grounds for the refusal and gather evidence.
Need help with discharge on the ground of three children
LEXON lawyers will help prepare the report and the package of documents, handle communication with the command and appeal an unlawful refusal, up to going to court. We work online throughout Ukraine, confidentially. Leave a request or call us.
Готові допомогти з вашою справоюЗалиште заявку, і адвокат звʼяжеться з вами. Конфіденційно, цілодобово.