Do they take you away after captivity for war?

Updated provisions of the law

The legislation of Ukraine has undergone significant changes aimed at strengthening the rights and social protection of servicemen who survived captivity. These changes are reflected in the updated version of Article 26 of the Law of Ukraine "On Military Duty and Military Service", which entered into force on May 18, 2024.

According to the updated provision of the law, servicemen who were released from captivity are entitled to voluntary discharge from military service. This right is granted regardless of the length of their service, rank or position.

Independence from the date of release from captivity

A particularly important aspect of these changes is that the right to discharge from service does not depend on the date of release of a serviceman from captivity. This means that this provision applies to both those who have recently returned from captivity and those who were released earlier.

Important: This provision of the law is not mandatory for all former prisoners of war. It provides a right of choice: military personnel can either take advantage of the possibility of release or continue their service if they wish to do so and have the appropriate physical and psychological capabilities.

Peculiarities of conscription and mobilization of those released from captivity

The situation regarding the further conscription or mobilization of persons released from military service after being in captivity has a number of important features.

Ukrainian legislation provides for a special status for military personnel who survived captivity. This status gives them an additional right to avoid further mobilization. However, in order to obtain this status, it is necessary to follow a certain procedure when discharged from military service.

The key moment of discharge from service

If a serviceman is discharged on the grounds of his release from captivity, this creates a legal basis for the right not to receive a mobilization notice. It is important that this ground is clearly stated in all relevant documents.

The procedure for obtaining an exemption from further mobilization

The procedure for obtaining such an exemption includes two main steps:

1. Dismissal from service with a clear indication of the fact of release from captivity as a ground.
2. Verification and confirmation of the existence of a corresponding mark in military documents.

Only if both of these steps are completed does a person receive a legal guarantee of protection from further forced mobilization. This means that in the future, such a person may be called up for military service only of his or her own free will, and not under duress.

Important: This release is not automatic for all survivors of captivity.

If a serviceman is discharged on other grounds (e.g., age, health, etc.), or if his documents do not record the fact of his discharge on the basis of being in captivity, he does not receive this special status. In such cases, the person remains potentially subject to mobilization in the future, like other citizens of the same age and health status.

Legal assistance in case of violation of rights upon discharge

If your rights as a former prisoner of war to be released from further mobilization are violated, it is important to immediately seek qualified legal assistance.

The attorneys of Prikhodko & Partners, who specialize in military law, will advise you on the correct execution of documents, help you appeal against unlawful decisions and protect your rights in court.