ARTICLE 26 DISMISSAL FROM MILITARY SERVICE

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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ARTICLE 26 DISMISSAL FROM MILITARY SERVICE

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Protecting one's country is an extremely important matter, especially in times of war. Ukraine has the right to its independence and territorial integrity, and for this it is necessary to have an effective army and other military formations that can defend the country in case of aggression.

Defense of Ukraine is not only a duty for the military, but also for all citizens. But unfortunately, not all military personnel can remain on duty for the entire term, especially in wartime conditions. Life circumstances, such as health problems or family circumstances, may force a person to resign from service. During the war, no less important task than the protection of one's sovereignty and integrity is the observance of laws and the possibility of exemption from military service in certain cases.

Yes, dismissal from military service in peacetime, during a special period, and during martial law are somewhat different. First of all, it is necessary to know that dismissal from military service in Ukraine is possible only in clearly specified cases.

In this article, we will talk about dismissal from military service during martial law.

Grounds for dismissal from military service

A military serviceman may be released from military service during martial law in the event of an illness that prevents further military service.

Another reason for dismissal is reaching the maximum age for military service. This age is set taking into account the presence or absence of a contract, but during mobilization, all conscript Ukrainians aged 18 to 60 can be called up for military service.

In order to be released from military service due to his health, a serviceman must apply for a referral to undergo a medical examination and, after passing a medical examination, receive a medical opinion in which fitness for service will be determined. If the state of health of a serviceman really prevents his further service, then the conclusion of the military medical commission states that he is unfit for military service with exclusion from military registration.

 

If a serviceman has important family circumstances that require him to be with his family, he can resign. However, the legislation provides for a limited and clearly defined number of reasons, this list depends on whether the serviceman is serving under a contract or on draft during mobilization.

Such circumstances can be situations when a serviceman:

  • brings up a child with a disability under the age of 18 or suffers from a serious illness;
  • has a wife with a disability;
  • has his parents or his wife's parents of the I-II disability group;
  • has a person who needs constant care.

Therefore, the best option would be to contact a military lawyer who is well versed in the legislation, has experience and practice in dismissal from military service if there are legal grounds. You will have an understanding of all the procedures you need to go through to be released from military service during martial law.

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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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