Release of temporarily unfit from military service

"Salus populi suprema lex esto".

Lobunko Michael

Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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Release of temporarily unfit from military service

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Unfortunately, any war is not without loss of health and labor functions. During hostilities, many servicemen receive injuries that do not allow them to continue full-time military service. Until recently, even those temporarily unfit for military service could not be exempted from military service.

But in connection with the entry into force of the Law of Ukraine № 2995-9, now temporarily unfit for military service can be released.

Grounds for dismissal

The main reason for dismissal from military service in this case is the conclusion of the military police on temporary unfitness for military service, followed by military service after 6 or 12 months. That is, before submitting a report for dismissal on this basis, you need to have the opinion of the MMC .

Who can be released from military service?

The effect of this law applies to both mobilized servicemen and those who performed military service under a contract.

Release process

  • First, it is necessary to obtain a conclusion of the MMC on temporary unfitness for military service.
  • Secondly, to submit a report to the unit commander with justification of the reason for the dismissal and to add to the specified report the conclusion of the MMC .
  • Third, receive an order to be released from military service and be enrolled in the reserve.

Can they refuse dismissal?

Theoretically, yes, but if the dismissal report is submitted correctly, as well as the conclusion of the MMC on temporary unfitness for military service, then such situations should not arise.

How long does the dismissal process take?

In each individual case, this term is individual. Usually, the report on dismissal from military service is considered within one month from the date of its submission.

Is it possible to appeal the refusal of release from military service?

You can. The commander's refusal to release from military service may be appealed in an administrative court. For this, it is necessary to submit a statement of claim, a copy of the report, a copy of the conclusion of the MMC on temporary unfitness, as well as a refusal to be discharged from military service due to health.

Can they re-mobilize?

After re-passing the MMC after 6 or 12 months, depending on the situation, if the person, according to the MMC opinion, is suitable for military service, then such a person can be mobilized again.

Recommendations

In order for the dismissal process to go as quickly as possible, you should not neglect legal assistance. After all, military law lawyers will help not only to correctly prepare a report for discharge from military service, but also provide full legal support in case of need. Military personnel who lost their health during the war should think first of all about its recovery, and not about bureaucratic procedures related to dismissal from military service. And this matter should be handled by professionals. After all, high-quality legal assistance is the key to achieving a quick and desired result.

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Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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