Is it possible to resign from the Armed Forces?

Despite the fact that the duty to defend the Motherland is significant and honorable, there are situations and circumstances when a person has objective reasons to be discharged from the Armed Forces of Ukraine during martial law. Let's consider them.

Changes on June 28: what has changed in the legal framework

Until June 28, caring for a spouse, a child, one's parents or the spouse's parents, if one of these persons has a disability, was considered an indisputable reason for dismissal, if such care is properly documented. However, the legislation added an important consideration regarding care. This ground applies when there is no one else to care for a person who needs care. That is, if there are other relatives on whom such an obligation is imposed, this reason does not apply.

Despite the fact that the mentioned rule of law seems reasonable, in practice some problems may arise with it. For example, one mother in need of care has three adult sons who are potentially subject to mobilization. One of them is already in the military, so that leaves two she can count on. Of these two, one lives with his mother in her apartment, and the other lives in another city in his wife's apartment with her relatives. The son, who lives with his mother, receives a summons from the TSC. Formally, he has no grounds for postponing mobilization after the changes on June 28, but in fact he needs them if the mother is unwilling or unable to move or there are no suitable conditions to receive her in another place. In such a situation, in order to prove the importance of family circumstances, you need to enlist the support of a good lawyer.

What are the other grounds for dismissal from the Armed Forces?

Among the reasons available today are:

• A serviceman reaching the maximum age of service. It is 65 years for senior officers and 60 for everyone else. However, the right to leave does not mean the obligation to leave if you want to continue in the service.
• Health status. In order to be discharged on health grounds, one must pass the MMC (military medical commission), which determines the degree of fitness of a serviceman to continue his service. If you are found unfit, this will give you the opportunity to resign.
• The existence of a guilty verdict of the court regarding deprivation of liberty. If there is such a reason, automatic dismissal occurs.
• Foreign citizenship or lack of citizenship. Such people can serve in the Armed Forces only voluntarily. The lack of political and legal connection with Ukraine in the form of citizenship is the reason why a person cannot be conscripted here.
• Family circumstances and other valid reasons. It is not about any circumstances, but about those, the exhaustive list of which is provided by the current legislation. Above, it was already mentioned about dismissal in connection with the care of a disabled family member, who no longer has anyone to care for.

Also recently added such a reason as the death or disappearance of a family member during military operations during the ATO/OOS period and during the current full-scale war. Other reasons include raising a minor child alone, pregnancy and raising a minor child while married to another serviceman (in this case, one of the spouses has the right to resign).

If you are in violation of the law, seek professional help. The team of the "Prikhodko&Partners" law office includes experts who specialize in military law.