TERMINATION OF THE MILITARY CONTRACT DURING THE STATE OF MARTIAL

After the start of a full-scale invasion, in accordance with the Decree of the President of Ukraine dated February 24, 2022 № 64/2022 "On the introduction of martial law in Ukraine" (with further amendments and additions), the military command of Ukraine together with the Ministry of Internal Affairs of Ukraine and other executive authorities carry out appropriate measures to ensure readiness and defense capability of Ukraine. At the same time, on the basis of the Decree of the President of Ukraine dated 24.02.2022 № 69/2022 "On mobilization training and mobilization", appropriate measures are being taken for the general mobilization of the population.

Thus, the majority of servicemen undergo military service in the status of mobilized persons, however, together with them, individuals who have decided to sign the relevant contract for military service also undergo military service. As a rule, such persons did not delve into the study of all legal aspects and legal norms regarding the corresponding contractual form of military service, and therefore are increasingly interested in what rights are granted to military personnel in the contractual form and what duties are assigned to them.

So, in accordance with our experience of working with military personnel, recently a separate issue that attracts special attention: "Is whether a military personnel can terminate a contract during martial law?"

It is necessary to understand that during martial law there are somewhat stricter conditions regarding exemption from military service. Thus, in Part 5 of Art. 26 of the Law of Ukraine "On Military Obligation and Military Service" provides grounds for termination (termination) of contracts and dismissal of servicemen from military service who perform military service under a contract.

Based on this, we see that there is no such reason as "expiration of the contract" during martial law.

A serviceman whose contract expires has the right to renew the contract for a new term. However, when renewing such a contract, it is necessary to take into account the relevant terms specified in part 4 of Article 23 of the Law "On military duty and military service".

However, there are some nuances, for example, currently many military units offer servicemen contracts before the end of a special period. However, it should be emphasized that the concept of "special state" is somewhat vague.

Therefore, the special period is the period when the citizens of the country fulfill their constitutional obligations, and the national economy of the country, as well as all state authorities, local self-government bodies, the Armed Forces of Ukraine together with other military formations and business entities of all forms property function in the mode of maximum efficiency to ensure the readiness and defense capability of the country, as well as all legal and physical entities of Ukraine in accordance with the current legislation of Ukraine and covers the time of mobilization, wartime and partially the reconstruction period after the end of hostilities.

Thus, the reconstructed period can last for several years, and therefore the contract as well.

However, in any case, during martial law, the contract is automatically extended until demobilization is announced. At the same time, it should be understood that the contract will not be terminated the day after the end of martial law.