List of grounds for dismissal from military service

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Shypko Illya

Specializes in military law: appeals to the military medical commission, report writing, support for payments after injury and discharge.

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List of grounds for dismissal from military service

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Despite the war, active servicemen have questions about being released from military service. Of course, not everyone has the opportunity to resign from service, but there is a certain list of reasons that give the right to dismissal. Of course, many do not know about this and continue to serve, but there are also those who are aware of their rights to be dismissed.

It should be understood that the law of Ukraine "On Military Obligation and Military Service" is the regulatory document that gives the right to discharge a military serviceman from military service.

These grounds include:

  • Age. It is clear that upon reaching the legally defined age of being in military service, which is 60 years, there is a reason for dismissal.
  • Health condition or disease. After receiving the opinion of the Military Medical Commission about the impossibility of completing the service, there is a reason for dismissal.
  • Family reasons. Such circumstances include the birth of a third child or the establishment of a disability group for parents (group 1 or 2) or spouse and other reasons specified in the Law.
  • By court decision. In individual cases, you can be released after receiving a court decision on release from military service.
  • With the entry into force of the guilty verdict of the court.

 

Assistance of a lawyer to a military serviceman

A lawyer can provide assistance to a military serviceman in dismissal from military service on the following grounds:

  • if the serviceman does not agree with the decision of the superior to refuse the release or if he believes that his rights were violated during the release procedure;
  • if the soldier has reason to believe that his rights were violated during the establishment of the maximum age for military service;
  • if the serviceman does not agree with the conclusion of the military medical commission that he is unfit for further military service;
  • if the serviceman believes that his rights were violated during the consideration of the application for dismissal due to family circumstances;
  • if the serviceman believes that his rights were violated during the consideration of the dismissal case by court decision;
  • due to the entry into force of a court's conviction - if a serviceman believes that his rights were violated during the consideration of the dismissal case in connection with the entry into force of the court's conviction.

It is necessary to understand that high-quality and timely legal assistance will help to realize the right of a serviceman to be discharged.

 

It should be remembered that the lawyer has the right:

  • communicate freely with the military;
  • get acquainted with all documents related to the release of a serviceman;
  • send petitions and requests to the military unit where the mobilized person serves;
  • to participate in meetings of commissions and other bodies considering the issue of the dismissal of a military officer.

A serviceman's lawyer can provide assistance in discharge from military service at any stage of discharge. And therefore, if there is a need for consultation on the issue of dismissal from military service or the help and support of a lawyer during dismissal, then do not delay, but exercise your right.

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