Grounds for dismissal from military service in wartime

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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Grounds for dismissal from military service in wartime

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The need for exemption from military service in wartime can arise for various reasons, there may be a need to help children who have been left without a parental guardian due to war, or to help loved ones who are disabled or need physical assistance.

Also, some military personnel may face an increased risk of injury or deterioration of health during wartime. In such cases, dismissal may be justified for medical reasons.

  • First, it is important to note that the options for exemption from military service during martial law are not as wide as during peacetime.
  • Secondly, the list of such possibilities is comprehensive and clearly defined. In other words, if there are no reasons specified in the law, dismissal from service is not possible.

 

When considering the grounds for dismissal from military service in wartime, it is necessary to take into account what service the serviceman performs. At the moment, he is mobilized, a contract worker or even a conscript. All this affects the possibility of dismissal, because the procedure is the same, but the reasons are slightly different. Thus, to date, unfortunately, the issue of harmonizing the grounds for all these categories has not been settled.

Therefore, such grounds for dismissal from military service in wartime as:

  • dismissal due to wife's disability;
  • due to the disability of parents or spouse's parents;
  • or on the basis of maintenance of three or more children until the age of majority - apply only to the mobilized.

Also, it should be noted that during martial law, the list of circumstances is narrowed. A vivid example is the possibility of terminating the contract upon the expiration of its term in peacetime, and the impossibility of terminating it on a similar basis in wartime, since the contract is automatically extended.

There are also nuances with regard to conscription. Conscription for military service during martial law was canceled, however, those for whom this service was continued remained. However, due to health conditions or changes in family circumstances, they are forced to resign from the ranks of military personnel.

However, the situation is somewhat different for conscripts. With regard to dismissal due to family circumstances, they have a condition that they can be dismissed if they have the right to postponement or dismissal due to a change in family circumstances. It is understood that such circumstances must arise after the beginning of the service.

 

If you wish to be discharged from military service, the assistance of a lawyer can be important in these cases, as a lawyer can help the service member interact with the military command or other relevant authorities regarding the discharge process, providing legal protection and support, as well as helping to determine the available legal avenues for discharge and maximize chances of success.

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