Court Orders Military Unit to Release Soldier for Care of Father

Court Orders Military Unit to Release Soldier for Care of Father

The Rivne District Administrative Court granted the soldier’s claim, recognizing the military unit’s refusal to release him from service as unlawful.

This is reported by Rivne24

According to the decision published in the court register at the end of September 2025, the plaintiff, who has been serving in the military unit (name undisclosed) since March 2025, approached the court requesting to be discharged from service. He explained that in July, he submitted a request for discharge due to the need for constant care for his father, who has a second group disability. The soldier emphasized that he is the only one who can care for his father, as his sister lives abroad and his mother is unable to fulfill this role.

A representative of the military unit submitted a response stating that “the documents provided by the plaintiff do not confirm the claimed family circumstances.”

In his response, the representative of the military unit also noted: “The sister, according to the requirements of the Family Code of Ukraine, is obligated to provide care for the father. The plaintiff did not provide evidence of the absence of other family members of the second degree of kinship. The refusal to satisfy the plaintiff’s request for discharge from service due to family circumstances was made in accordance with current legislation of Ukraine.”

Judge Dmytro Zozulia, who considered this case, examined all materials and arguments from both sides, as well as documents provided by the plaintiff. In particular, no other family members were found at the father’s residence who could provide constant care.

The plaintiff’s sister, who lives abroad, submitted a statement indicating that she cannot return due to the threat to the lives of her minor children. She also confirmed that she has not lived in the parental home for 20 years, and that her brother is the one providing care for their father.

“The court concluded that the evidence available in the case materials confirms the necessity and fact of the plaintiff’s constant care for his father, who is a person with a second group disability. There are no other family members who can fulfill this duty,” the court’s decision stated.

The court granted the claim of the mobilized resident of Rivne region, recognizing the military unit’s refusal to release him from service as unlawful. The military unit is obliged to make a decision regarding his discharge. The court decision can be appealed in accordance with the law.