Фото: Demobilization of those released from captivity

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Demobilization of those released from captivity

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Captivity is a severe ordeal for every person, and for the military, with the additional harsh attitude and inhumane conditions, it becomes endless torture. The body is exhausted and diseases develop due to overcrowded conditions and lack of sanitation. Psychological pressure, constant stress and information isolation become a serious traumatic experience that requires long-term rehabilitation and comprehensive support to overcome.

Legislative innovation

The well-known legislative changes that came into force on May 18, 2024, regulate the status of servicemen released from captivity. This law approves key provisions on the rights of those released from captivity:

  • Obtaining the right to demobilization

It is stipulated that after being released from captivity, servicemen have the right to choose:

  1. continue military service
  2. or be demobilized.

The demobilization procedure is carried out by issuing appropriate orders and carrying out the procedures provided for.

 

  • Additional vacation for 90 days

Regardless of the decision to continue/terminate service, servicemen liberated from captivity are entitled to an additional paid leave of 3 months (90 calendar days). It is granted at their request continuously for physical and psychological recovery after traumatic events, as well as for readaptation to civilian life.

Important! An exception is the desire of a serviceman to resign from service immediately after his release from captivity.

  • Voluntary further mobilization

A special procedure for further mobilization is established for persons liable for military service who were previously demobilized and then taken prisoner. They cannot be mobilized forcibly, and can be called up for military service only with their own consent on a voluntary basis. This provision is an additional guarantee of protection of the rights of persons released from captivity.

Protection of the rights of prisoners of war after release

The new provisions of the law are aimed at ensuring the legal status and protection of the rights of Ukrainian military personnel who survived captivity. Recognizing the exceptional situation, the state provides them with the opportunity to choose whether to continue serving or to be released, as well as to receive rehabilitation leave and benefits for further mobilization.

The procedure for dismissal

The procedure for release requires that the serviceman submit a report to the unit commander, indicating the grounds for release, namely the fact of captivity. A complete package of documents collected and submitted will serve as a proper justification. The command is obliged to consider the report and make a decision in accordance with the law, issuing the necessary orders.

 

Unlawful refusal to release a serviceman after captivity

Despite the clear requirements of the law, in practice, there are cases when the command of the military forces unreasonably delays or even refuses to release a serviceman after captivity. In such situations, it is advisable to seek qualified legal assistance to protect your legal rights.

Legal support from Prikhodko & Partners

Prikhodko & Partners Law Firm specializes in providing legal support for military personnel, including those affected by new legislative changes regarding release after captivity.

If you are faced with an unlawful refusal to discharge from military service after captivity, Prikhodko & Partners' specialists will help you to properly file an appeal, prepare a well-founded legal position and represent your interests at all stages of defending your right to discharge in accordance with the law.

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Lawyer in the field of military pensions and military law.

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