DISMISSAL FROM MILITARY SERVICE OF PERSONS MOBILIZED DURING THE EFFECT OF THE STATE OF MARTIAL

Recently, the question of when exactly and under what conditions a person who was called up for military service during mobilization has the right to be released from military service is particularly relevant.

This issue is regulated by Article 26 of the Law of Ukraine "On Military Duty and Military Service". Thus, the list of grounds for dismissal from military service of persons called up for military service during mobilization during martial law is specified in clause 2 of part 4 of the above-mentioned article.

In particular, such circumstances include:

• reaching the maximum age for military service;
• in terms of health - on the basis of the conclusion (resolution) of the military medical commission on unfitness for military service with exclusion from military registration;
• entry into legal force of a guilty verdict of a court, which has imposed punishment in the form of deprivation of liberty, restriction of
• liberty or deprivation of a military rank;
• family circumstances or other valid reasons.

The most common grounds for dismissal from military service of those mobilized during martial law are precisely family circumstances or other valid reasons.

We are talking, in particular, about raising a child with a disability under the age of 18 by a military serviceman, a child suffering from severe perinatal damage to the nervous system, severe congenital malformations and other diseases according to the list.

Also, the grounds for dismissal from military service can be the provision of constant care for a sick wife (husband), child, as well as one's own or wife's (husband) parents, which is confirmed by the relevant medical opinion of the medical and social expert commission or the medical and advisory commission of a health care institution 'I.

The reason is particularly common: in connection with the presence of a spouse (husband) from among persons with disabilities and/or one of their parents or parents of the wife (husband) from among persons with disabilities of group I or II.

In fact, there are many servicemen whose wives (husbands) have parents who are diagnosed with the I or II disability group, but they do not even know that there are indisputable grounds for dismissal from military service.

In order to use, in particular, this ground for dismissal from military service, it is necessary to apply to the commander of the military unit with a corresponding report in which to substantiate the specified ground with the norms of the law and add relevant documents confirming the family ties and disability of the person.

Unfortunately, despite the existence of legal grounds for discharge from military service of persons undergoing military service under conscription during mobilization during martial law, there are cases when reports of discharge from military service are refused or refused to be considered.

Lawyers of JSC "Prikhodko&Partners" will provide qualified legal support for your exercise of the legal right to discharge from military service.