EXPANDING THE LIST OF GROUNDS FOR DISMISSAL FROM MILITARY SERVICE

The list of grounds for dismissal from military service is enshrined in Article 26 of the Law of Ukraine "On Military Duty and Military Service" (hereinafter also the Law). This article establishes an exclusive list of circumstances under which a serviceman has the right to be dismissed from military service. However, this does not mean that this list will remain as such forever, because the Verkhovna Rada of Ukraine, as the only body of legislative power in Ukraine, can make changes to the Law.

Thus, on May 3, 2023, the Verkhovna Rada of Ukraine voted for Draft Law № 8009 dated September 8, 2022 on amendments to Article 26 of the Law of Ukraine "On Military Duty and Military Service" regarding expanding the grounds for exemption from military service of certain categories of citizens during martial law .

The specified draft law expanded the list of grounds for dismissal from military service by adding the following paragraphs to subparagraph "d" of paragraph 2 of part four and subparagraph "d" of paragraph 3 of part five of Article 26 of the Law:

"if their close relatives (husband, wife, son, daughter, father, mother, grandfather, grandmother or biological (consanguineous, non-consanguineous) brother or sister) died or went missing during the implementation of measures to ensure national security and defense, repulsion and deterrence armed aggression of the Russian Federation in the Donetsk and Luhansk regions, as well as during the provision of national security and defense, repelling and deterring armed aggression against Ukraine during martial law."

These changes to the Law are natural, because the specified reason, in accordance with the Law of Ukraine "On Mobilization Training and Mobilization", has long been a reason for obtaining a postponement of conscription for military service during mobilization. That is, there was a situation that when, for one reason or another, a conscript was mobilized, who had such a reason for receiving a postponement of conscription for military service during mobilization, he could no longer be released from military service, because Article 26 of the Law did not provide for such reasons. In fact, there are still many grounds for deferment of conscription during mobilization, but which are not grounds for exemption from military service, which creates many problems in practice.

A little earlier, the list of grounds for dismissal from military service was expanded by adding servicemen who have three or more dependent children under the age of 18.

You can exercise your right to discharge by submitting an appropriate report to the commander of the military unit indicating the specific reason for discharge from military service and attaching relevant documents confirming its existence.

Contact AB "Prikhodko&Partners" and we will help you determine whether there are grounds for dismissal from military service, and draw up an appropriate report on dismissal from military service.