Honcharenko Danylo

Lawyer

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+38 (093) 007-44-41

Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.

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Case: Supporting the dismissal from military service of a mobilized person

Military law
Reading time: 3 min.

A serviceman who was called up on March 5, 2022 during martial law as part of general mobilization on the basis of Decree of the President of Ukraine № 69/2022 dated February 24, 2022, contacted us with a request for assistance in being released from military service.

Supporting the dismissal from military service of a mobilized person Circumstances of the case: the client has an adult sister who has a disability of the 1st group. The parents are unable to work, i.e. they are already of retirement age, and their own brother is also unable to take care of them, because he is taking care of two minor children, as his wife is doing military service in the ranks of the Armed Forces of Ukraine.

Grounds for dismissal: in accordance with paragraph 7 of subparagraph “d” of paragraph 2 of part 4 of Art. 26 of the Law of Ukraine “On Military Obligation and Military Service”, servicemen who are conscripted during mobilization, for a special period, may be released from military service due to family circumstances, namely:

the need to take care of a person with a disability recognized by the court as incapable; the need for constant care of a person with a group I disability.

Supporting the dismissal from military service of a mobilized person Military law lawyer Honcharenko Danylo started with an initial consultation to investigate all the circumstances of the case, analyze documents, and build a further algorithm of actions. The serviceman did not have enough documents for dismissal. Although under this ground it does not matter whether there are other people who can provide care for the person with a disability, it was decided to further justify that the client is the only person who can provide such care, as this will increase the likelihood of a faster and easier discharge from military service. The military law lawyer decided to focus on collecting documents that confirm the fact that other family members cannot provide care. After the consultation, the lawyer and the client already had a clear plan and strategy. Under the clear guidance of the lawyer, the serviceman collected the necessary package of documents.

The lawyer, in turn, began preparing a report on dismissal from military service. When the documents were collected and the report was ready, the client submitted it to the immediate commander. Of course, this is where one of the difficult stages of the release process begins. Thanks to the support, the report was submitted and the issue of its consideration was also put under control, in order to respond promptly and build a further action plan. After some effort and negotiation, the answer was received. The report and documents were reviewed within 7 days, and the serviceman was issued a bypass letter and given permission to submit a report on surrendering the position.

 

The serviceman received a positive response from the command and was released from military service.

To receive advice from a military lawyer regarding dismissal from military service, fill out the form on our website and our lawyer will contact you in the near future.

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1 question

Do you want to retire from military service?

Yes
No
2 question

Do you have grounds for dismissal?

Yes
No
3 question

Are you mobilized?

Yes
No
4 question

Are you doing military service under a contract?

Yes
No
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