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According to the Law of Ukraine “On Military Duty and Military Service”, active military personnel may be released from military service during wartime in the following cases:
- according to the state of health;
- due to family circumstances (the list of family circumstances is detailed in Article 26 of the specified Law);
- by age;
- in connection with the entry into legal force of the guilty verdict of the court.
The procedure for dismissal from military service during wartime
The procedure for dismissal from military service during wartime is regulated by the Law of Ukraine “On Military Duty and Military Service”.
To be released from military service during wartime, a serviceman must submit a report to the commander (head) of a military unit. In the report, the serviceman must indicate the grounds for dismissal and provide relevant documents confirming his right to dismissal.
The commander (chief) of the military unit reviews the serviceman’s report and makes a decision on dismissal. In case of a positive decision, the commander (chief) of the military unit issues an order to release the serviceman from military service.
Assistance of a lawyer
The help of a lawyer can be useful in the case of dismissal from military service during wartime in the following cases:
- if the serviceman believes that his dismissal is illegal or unjustified;
- if a serviceman has the right to be released from military service, but he is denied this;
- if a serviceman does not know how to correctly issue documents for release from military service.
A lawyer can help a serviceman:
- to analyze the legality and justification of dismissal;
- prepare relevant documents;
- to represent the interests of the serviceman before the commander (chief);
- apply to the court with a claim to declare the refusal to release illegal.
It is worth noting that a lawyer cannot guarantee the release of a serviceman, but he can help him protect his rights and interests.
Here are some tips for military personnel who are planning to leave the military during wartime:
- Submit your dismissal report on time. The report must be submitted no later than 30 calendar days before the day of dismissal.
- Make sure you have all the necessary documents. Documents confirming the right to dismissal must be issued in the prescribed manner.
- Know your rights and responsibilities. Before discharge, familiarize yourself with the provisions of the Law of Ukraine “On Military Duty and Military Service”.
If you believe that the refusal to discharge you from military service is illegal, contact a lawyer for help. Fill out the form below and our lawyer will call you to study your situation and provide an initial consultation.