In Ukraine, there is theoretically a possibility for military personnel to be discharged early if they are raising a child with a disability under the age of 18, and there is no one else to take care of them. However, in practice, exercising this right is complicated due to numerous ambiguities in the law.

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According to Law No. 3633-IX, adopted in April 2024, a provision regarding the upbringing of a child with a disability has been added to the list of grounds for dismissal due to family circumstances, stating that there is no one else to care for the child.

However, the implementation of this right encounters several legal inconsistencies, reports lawyer Stanislav Gimmelkrass.

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For instance, the law does not clarify what is meant by "upbringing." Must the military personnel be the child's official guardian, or is it sufficient to simply be involved in their life?

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There is another catch: the law requires that there are no other individuals obligated to care for the child with a disability. This is where the confusion begins. It does not clarify who these "other individuals" are – only parents, or also, for instance, older siblings, or educational institutions?

Other Ukrainian laws specify more concrete categories of individuals – for example, guardians, foster parents, and so on – but this law lacks such clarifications. As a result, the military personnel must prove the absence of other relatives who can care for the child, which is very difficult in practice. Without clear criteria on this matter, obtaining discharge for this reason is nearly impossible.

The only viable path for military personnel in this case is to file a lawsuit and seek a ruling that confirms they are the sole caregiver for the child and that there are no other candidates for this role. However, this will require time, resources, and likely a great deal of patience.