The soldier requested dismissal but was denied: what the unit found unsatisfactory in the documents about the children and what the court decided
The Mykolaiv District Administrative Court considered an administrative case on the claim of a serviceman against a military unit regarding the recognition of the refusal to dismiss him as unlawful.
Circumstances of the case No. 400/13181/25
The plaintiff, who is serving in the military by conscription during mobilization, submitted a report to the military unit requesting dismissal from service based on subparagraph "g" of paragraph 2 of part four and paragraph 3 of part twelve of Article 26 of the Law of Ukraine "On Military Duty and Military Service" due to family circumstances — supporting three or more children under 18 years of age.
The plaintiff attached to the report birth certificates of the children dated 5.11.2025, 5.05.2023, and 3.07.2019, a marriage certificate, a court decision on divorce, a court decision on alimony collection, a marriage certificate, a court decision on divorce, a court decision on alimony calculation, a certificate of no alimony debt, a certificate of presence (absence) of alimony debt, an extract from the Unified Debtors Register in the name of the plaintiff stating that the plaintiff's data is absent from the Unified Debtors Register.
The military unit refused dismissal by letter dated November 26, 2025, No. 8524/r, citing that the residence of the third child with the father was not confirmed and required a court or guardianship authority decision on the children's place of residence or a written agreement between the parents.
What the court decided
The court fully satisfied the claim.
It recognized the refusal of the military unit to dismiss the plaintiff from military service under subparagraph "g" of paragraph 2 of part four and paragraph 3 of part twelve of Article 26 of the Law of Ukraine "On Military Duty and Military Service" as unlawful.
The court obliged the military unit to reconsider the plaintiff's report and make a decision (order) to dismiss him from military service based on the specified provisions due to family circumstances — supporting three or more children under 18 years of age.
The court noted that the Law of Ukraine "On Military Duty and Military Service" requires the fact of supporting three or more children, not necessarily their joint residence. The requirements of subordinate acts for additional documents about the children's place of residence contradict the law. The plaintiff provided sufficient evidence of no alimony debt.
The decision may be appealed to the Fifth Administrative Court of Appeal within thirty days from the date of its announcement.
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