APPEAL FROM THE REFUSAL OF EXEMPTION FROM MILITARY SERVICE

Despite the fact that the protection of the Motherland is the most honorable duty of a citizen, sometimes circumstances may occur that are objective grounds for dismissal from the Armed Forces. The current legislation provides for an exhaustive list of such grounds. Recently, on June 28, new changes to the legislation were adopted, where one of the grounds was narrowed, and the other was added. So, about it in more detail.

When does a person have the right to be released from military service?

The grounds are situations when:

• the person has 3 or more children who have not reached the age of majority;
• she is the guardian, custodian or carer of a person who no longer has someone to look after who is obliged to do so;
• the person is raising a minor child independently;
• she is unfit due to her state of health to perform the duties of military service;
• one of her close relatives died or went missing while defending Ukraine during ATO/OOS or during a full-scale war.

Let's consider the last point of this list in more detail. There are cases when a father and a son or, for example, several brothers died in the same family. Therefore, such changes on the part of legislators are justified, so that other families no longer have to experience double grief.

Why does it not always work in practice?

Despite the fact that the legislation on the issues of mobilization and service in the Armed Forces is quite adequate and justified, in practice various situations may arise, the cause of which is bureaucratic and human factors. That is why legal support from a qualified team of specialists will be appropriate.

Dismissal from military service begins from the moment of writing the corresponding report. If it is refused, then you should defend your legal rights and interests in court. For this, you have a 6-month period to file a claim, starting from the moment you learned of the refusal. But even if the term is missed, it can be renewed.

As for jurisdiction, such a lawsuit is considered by an administrative court. It can be at the place of registration of both the plaintiff and the defendant. The decision must be made within 2 months from the moment when the relevant proceedings were opened.

When we talk about claims, they consist in the obligation of the military unit to make a decision on dismissal. This happens on the basis of Art. 26 of the Law "On Military Duty and Military Service". It is also important to take care of the proper evidence base. In addition to a copy of the dismissal report and refusal to accept it, documents confirming the existence of a real reason for dismissal from service are provided.

Peculiarities of pre-trial and judicial regulation

When you see that you are facing difficulties in obtaining a release, it will be appropriate to use an attempt to resolve the situation before the court. With a good lawyer accompanying you through this process, it will be much easier for you. It is far from a fact that the pre-trial format will be sufficient. It is likely that you will have to further defend your own interests in court. However, the presence of evidence that you tried to solve the situation in a legal way before will be an argument for the court to take your side.

Therefore, if you have a reason for dismissal, but you are faced with arbitrariness and violation of your rights, it is worth enlisting the help of a military law lawyer. You will find such a specialist at Prykhodko and Partners. We pay a lot of attention to helping the serviceman gather a convincing evidence base in favor of his position. We will make the maximum necessary efforts and use all our experience and knowledge to win the case, because we are used to working for the result.

When a military man does not simply demand release, but provides sufficient evidence that he has a reason for it, but representatives of the military unit violate his rights, this becomes a guarantee of a successful case in court.