Dismissal from military service by court decision

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Kozyan Tatyana

Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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Dismissal from military service by court decision

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Military service is an honorable duty of a citizen. Especially when it comes to protecting the Motherland during martial law. At the same time, the legislation provides for the grounds on which you can be dismissed from military service. There are situations when the leadership of the unit does not want to comply with legal norms and release a serviceman.

Despite the fact that a lot of effort is being made to qualitatively strengthen the Armed Forces at all levels, this does not exclude the possibility of the human factor in legal matters, which also sometimes happens. In this case, it is worth using the help of professional lawyers who specialize in questions of military law. If you are interested in such specialists, you will meet them in the team of the Prikhodko&Partners law office.

 

What are the grounds for dismissal from military service?

During martial law, the following grounds are relevant for dismissal from the Armed Forces:

  • Health status. There must be a corresponding opinion of the Military Medical Commission. Allegedly, the procedure itself is clear, but practice, again, shows otherwise. Yes, a situation often occurs when representatives of the military medical commission conclude that the condition of a serviceman is supposedly better than it actually is. Real diagnoses are not recorded at all or to the extent that it gives the right to be discharged from the army. Therefore, first you need to challenge the conclusion of the Military Medical Commission and ensure that real information about the state of health is documented. And then, on the basis of documents that are objective in their content, it is possible to demand that the command of the High Command release the soldier from service.
  • Reaching the age limit. If you have reached the maximum age prescribed for service, this also becomes a reason for demobilization.
  • Indictment of the court, according to which the person receives a punishment in the form of restriction or deprivation of liberty, or - deprivation of a military rank. Usually, in this case, there are no problems with dismissal.
  • Family reasons. Their comprehensive list is provided in the current legislation. For example, this is independent upbringing of a minor child, upbringing of an adult child with a childhood disability, care for a spouse or husband with a disability, care for parents (one's own or spouse, husband) with a disability, upbringing and maintenance of 3 minor children. Just in the case of a reason in the form of family circumstances, it is often difficult to resign. Therefore, the help of a team of professional lawyers will come in handy.

So, above are the circumstances that are grounds to be released from military service. Now let's consider what to do when there is a problem with this.


How can we help?

It happens that the rights of a serviceman have to be represented and defended in court. In this case, the lawyers of the Prikhodko&Partners law firm know how to help, because we have dealt with this category of requests more than once. A court decision in favor of a military man who wants to resign becomes a convincing argument that cannot be ignored. So the representatives of the military unit are forced to provide the appropriate order for dismissal.

 

If you have encountered such a problem, contact us. Specialists of our law office will provide quality help.

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