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: They helped release 2 soldiers from military service after being in captivity

Military law
Reading time: 3 min.

Clients: military personnel

The essence of the case: release from military service after being in captivity

Responsible lawyer: Danylo Goncharenko

The circumstances of the case

Two servicemen from the same military unit applied to the Prikhodko & Partners Law Office to find out whether they have the right to be discharged from military service.

In the period from 19.11.2023 to 14.01.2024, the military was in places of deprivation of liberty as a result of armed aggression against Ukraine.

According to the amendments to the Law of Ukraine “On Military Duty and Military Service”, as well as to the Law of Ukraine “On Mobilization and Mobilization Training”, it was established that from now on, a person who was released from captivity (if the military did not express a desire to continue military service) can be released from military service and cannot be called up again without her consent.

After the analysis of documents and an expert review of the situation of military personnel, it was found possible to release clients from military service. We concluded the contract and started the dismissal procedure.

The work was divided into several stages:

  1. Collection of documents
  2. Submission of reports on dismissal and payment of financial support
  3. Control over the execution of reports
  4. Receiving dismissal orders, completing the dismissal procedure

First of all, a package of documents was collected, which is attached to the report.

It is important to collect a complete and complete package of documents. This will avoid unwanted rejection due to insufficient documents. This will also make it possible to speed up the review of the report, because the military unit will not need to apply to the state authorities for the necessary documents on its own, thereby saving time for the entire procedure.

Among the documents, it is necessary to have papers confirming the fact of stay and release from captivity, in our case it was a certificate from the Security Service of Ukraine about the stay of a citizen of Ukraine in captivity.

Danylo Goncharenko, a military law lawyer at the Prikhodko & Partners Law Office, helped write a high-quality and complete report that contained all the information necessary for the command to minimize the risk of refusal.

It is important to consider all nuances when submitting a report. For example, to indicate consent to exclusion from the lists of personnel of a military unit until all the necessary calculations are carried out. Otherwise, you will have to wait for your severance pay in the military, which can take months.

The package of documents together with the report on dismissal and the report on the payment of financial support was submitted on 05/24/2024. In order to control the execution of the order, the lawyer sent a lawyer’s request, to which they provided answers regarding the consideration of the report. On 06/12/2024 and 06/15/2024, we received extracts from the dismissal orders of our clients, including all payments due to them.

 

In this way, it was possible to realize the right of servicemen to be discharged from military service, to ensure the legality of the actions of the military unit, to pay all due funds, and to avoid prolonging the case.

To receive advice or support from a lawyer on military law, fill out the form on the website and our lawyer will contact you shortly.

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1 question

Have you already submitted your resignation letter?

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2 question

The command refuses to dismiss you from service?

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No
3 question

Do you need help with your discharge from military service?

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No
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