GROUNDS FOR THE DISMISSAL OF MOBILISED PERSONS FROM MILITARY SERVICE

Most of the mobilized servicemen do not even know that they have grounds for dismissal. Usually, fighters would simply like to be released from military service, but at the limit of their strength, they endure the horrors of war to the last. Of course, we will not say whether it is necessary to resign or not, but we want to convey to each mobilized fighter what rights he has and if his rights coincide with his inner feelings, then I will be glad that this article helped you in some way!

So, the issue of dismissal from military service is regulated by the Law of Ukraine "On Military Duty and Military Service", namely Article 26. Article 26 describes the grounds for dismissal and I will tell you about the most common of them.

Looking back at the practice and the calls of clients who asked for help on this issue, I can say that the most frequent case of dismissal is the new reason for dismissal recently introduced by the Parliament and signed by the President - the presence of three or more dependent children under the age of 18.

This is connected with many violations by military commissars, when they mobilized parents who have three or more minor children and then simply refused to release them, referring to the lack of such a basis in the legislation. The problem of dismissal for this reason is that very often the command of a military unit refuses to dismiss on this basis due to the alleged "unproven" of family ties and requires notarized copies of documents, although such requirements are not specified in the legislation. So, here we simply have in practice the abuse of powers and their excess, as a result of which their personnel, ordinary servicemen, suffer.

The second most common reason for dismissal is 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. Here, commanders very often manipulate this norm and note that the wife or husband must necessarily have the first or second group of disabilities, although, after reading this norm banally, we see that there is no such obligation. Of course, we all understand that the command of military units mostly tries to disrupt, and when this is not possible, to delay the process of release, sending the soldiers who wrote the reports for release to the zero line. This is all confusing, of course, and seems strange, but such a practice also exists and there is no need to have any illusions about it.

In the end, I would also like to add one more reason for dismissal from military service, namely the presence of sick close relatives who have a diagnosis of MSEK or LKK and need constant external care. There are also many pitfalls here. For example, the command often asks to provide evidence that close relatives have no other relatives who could take care of them, except for the serviceman who wrote the discharge report.

Here we can conclude that very often, even if there are grounds for dismissal, they try to interfere and stop the process of dismissal of a serviceman by any means, even if he has the full right to do so. Of course, in this case, you should seek legal help so that no one violates your rights, and the entire process of dismissal from A to Z goes quickly and without unnecessary problems.