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Mobilized servicemen may resign from the Armed Forces on the following grounds:
- By age – in case of reaching the maximum age for military service.
- According to the state of health – on the basis of the conclusion (resolution) of the Military Medical Commission on unfitness for military service with exclusion from military registration.
- Due to family circumstances – in the event of circumstances that do not allow a serviceman to perform military duty.
The procedure for the release of mobilized servicemen
To be released from the Armed Forces, a mobilized serviceman must submit a report to the commander of the military unit. The report should state the grounds for dismissal.
The commander of the military unit reviews the report and makes a decision on dismissal. If a positive decision is made, the commander of the military unit issues an order for dismissal.
The dismissal order specifies the grounds for dismissal, the date of dismissal, as well as the procedure for settlement with the serviceman.
Refusal to release a mobilized serviceman from the Armed Forces
The commander of a military unit may refuse to release a mobilized serviceman if:
- A military serviceman has not reached the age limit for military service.
- A military serviceman does not have a conclusion (resolution) of the Military Medical Commission on unfitness for military service with exclusion from military registration.
- A military serviceman does not have grounds for dismissal due to family circumstances.
In case of refusal to release, the commander of the military unit must provide the serviceman with a written justification for such refusal.
A military serviceman who does not agree with the decision to refuse release may appeal this decision to the court.
A lawyer can provide assistance to a mobilized serviceman upon discharge from service in the following aspects:
- Consultation on grounds for dismissal. The lawyer will help the mobilized serviceman to determine the grounds for dismissal, as well as to analyze the existence of grounds for dismissal in his specific case.
- Preparation of documents for release. The lawyer will help the mobilized serviceman to prepare the necessary documents for release, and will also check their correctness.
- Representation of interests in the military. A lawyer can represent the interests of a mobilized serviceman in a military unit, in particular, during consideration of a discharge report.
- Appealing the decision to refuse dismissal. In case of refusal of release, the lawyer can help the mobilized serviceman appeal the decision to the court.
Here are some tips for mobilized military personnel who are planning to leave the service:
- Keep all documents that may relate to your dismissal;
- If you have grounds for dismissal, don’t be afraid to defend them;
- Do not waive your rights if you are denied a release.
Contacting a lawyer can help a mobilized serviceman protect his rights and be released from service on legal grounds.