GROUNDS FOR THE DISMISSAL OF MOBILISED AND CONTRACTORS DURING THE STATE OF MARTIAL

Today, hundreds of thousands of servicemen defend their homeland: some are in military service under contract, some are volunteers, and some were mobilized during the implementation and operation of martial law on the territory of Ukraine. It is important to understand that depending on the reason for military service, each person has a separate legal status, and therefore different rights and obligations.

Yes, it follows that contract workers and those mobilized during martial law have somewhat different grounds for dismissal. This issue is relevant because relatively recently amendments were made to subparagraph "d" of paragraph 2 of the fourth part of Article 26 of the Law of Ukraine "On Military Duty and Military Service", which related to the grounds for dismissal from military service, so there is confusion and misunderstanding.

It is important to emphasize that such changes in family circumstances concerned the mobilized persons. Due to the low level of public awareness of the details of the introduced legislative changes, persons serving under a contract may form false opinions about the possibility of the above-mentioned provisions being extended to them.

In view of this, it is quite natural that contract workers express a desire to be released from military service and seek legal help on this issue, but in fact they are refused, as they have no grounds for release. This is due to the fact that the grounds for the dismissal of mobilized and contract workers, as already mentioned, are not identical.

So in this article, we'll break down some of the main differences. Thus, after analyzing the Law of Ukraine "On Military Duty and Military Service", we can come to the conclusion that persons serving under a contract during martial law are more limited in the legal field compared to those who are mobilized.

The first and main difference is that contract workers do not have the right to resign on the basis that they have three or more dependent children under the age of 18 at that time.

Also, mobilized persons, unlike contract workers, have such grounds for dismissal as the presence of a husband or wife who belongs to persons with disabilities, or the presence of their parents, persons with disabilities, or the parents of the wife or husband, persons with disabilities of group I or II. However, in such a case, persons serving under a contract can arrange permanent care for a person with a disability of the I group or for a person with a disability belonging to the II group, or for a person, in the opinion of a medical and social expert commission (or a medical and advisory commission of the health care institution) which indicates the need for constant care. However, these provisions can be applied only when there are no other persons capable of providing constant care.

Quite often there are situations when military personnel who serve under a contract have parents with disabilities and confuse the grounds for dismissal with persons who are serving in connection with mobilization.

Let's summarize

Taking into account the provisions of the legislation, we can conclude that contract servicemen during martial law have somewhat narrowed grounds for dismissal, and do not belong to the persons entitled to dismissal in accordance with the amendments to the law and the definition of new grounds regarding family circumstances. as they relate specifically to mobilized and drafted reservists.