Reading time: 4 min.
Joining the Armed Forces of Ukraine during martial law and general mobilization, the majority of servicemen undergo military service in the status of mobilized, however, alongside them there are individuals who consider the prospects of long-term participation in the defense of the Motherland. These include those who wish to enter into a contract and actually serve on a contract basis. However, sometimes unforeseen events occur that create conditions where a serviceman needs to terminate his contract and stop performing his military duties for a period of time.
Regarding the concept of “Contract service”, one of the forms of military service is considered under it, when a person is obliged to serve on the basis and in accordance with the terms of the contract for a certain period of time determined by the contract. It is important to note that such service is different from military service due to mobilization, as persons subject to mobilization do not enter into a contract during their service.
Taking into account the provisions on the legal regime of martial law, it should be noted that the grounds for terminating the contract in peacetime, during a special period (except for periods of mobilization and martial law) and during mobilization and martial law are different. The list of such grounds is contained in Article 26 of the current Law of Ukraine “On Military Duty and Military Service”.
In this article, we will talk with you about the termination of the contract of the Armed Forces during martial law. In particular, we will consider the most common questions that servicemen ask.
Is it possible to resign from the contract service due to the end of the contract?
Unfortunately, due to the expiration of the contract, it is now impossible to resign from the service, starting from the moment of the introduction of martial law in the country. In this case, the contract is not subject to termination or termination. As a result, a serviceman does not have the right to be released on other grounds, except for the issuance of a decree by the president on the announcement of demobilization.
However, there are still grounds for termination of the contract and dismissal from military service during martial law.
On what grounds can the Armed Forces of Ukraine contract be terminated?
There are several grounds for terminating a service contract. These include:
dismissal after reaching a certain age;
according to the state of health;
on the basis of the conviction of a legally binding court on the imposition of punishment in the form of deprivation of liberty, restriction of liberty or deprivation of a military rank;
due to family circumstances.
Despite this, it should be emphasized that the termination of service due to health is a rather complicated procedure, since it can only happen if there is a conclusion of the Military Medical Commission on unfitness for military service, while exclusion from military registration or unfitness for military service with revision after 6-12 months. In turn, family circumstances are comprehensive and clearly listed in the Law.
If you are serving under a contract and want to leave for health reasons, but do not know where to start, contact the military lawyers of Prikhodko&Partners. We will help you with writing a report to the Military Medical Commission and with help if you will not be referred to the Military Medical Commission.
If you have been referred, but you do not agree with the conclusion, you have the right to appeal this conclusion, with which our team can help quickly and efficiently. If dismissal is necessary due to family circumstances, lawyers will analyze your situation in detail and help with dismissal. Fill out the form on our website and our lawyer will call you.