Dismissal of conscripts 2024

The discharge of conscripts from the Armed Forces of Ukraine has always been a topic that has provoked lively discussion. On the one hand, it is an expected event for young men who have served for a year and are eager to return to civilian life. On the other hand, it is an issue that has a significant impact on the country’s defense capability, as conscripts make up a significant portion of the Armed Forces personnel. In 2024, the process of discharging conscripts in Ukraine is taking place in conditions that are largely determined by the military and political situation in and around the country.

With the outbreak of full-scale armed aggression by Russia against Ukraine in February 2022, martial law and general mobilization were introduced, and conscription in peacetime was canceled, leaving the status of conscripts in limbo. They could not be dismissed, as the procedure for dismissal of conscripts was not in effect, as conscription had been canceled, and they could not be involved in direct participation in defensive and offensive operations due to the lack of a legal basis for this. In 2024, new legislative initiatives were introduced in Ukraine regarding the dismissal of conscripts.
And in early March 2024, the President of Ukraine signed a decree on the dismissal of conscripts.

The said Decree № 149/2024 was published on the website of the Office of the President of Ukraine. According to the decree, it was decided to discharge conscripts from the Armed Forces, the State Security Service of Ukraine, and other military formations whose term of service expired during martial law and whose military service was extended beyond the established terms in April-May 2024. The dismissal of conscripts also has a significant impact on the country’s military resources and defense readiness. On the one hand, it reduces the number of active military personnel, but on the other hand, it ensures that military service is fair and transparent, contributing to the support of the military and their families. The decree signed by President Zelenskyy not only defines the mechanisms of discharge to the reserve, but also grants discharged servicemen the right to defer mobilization, which is critical in the context of martial law that has been declared in the country.

How does this discharge work: theory and practice?

Theoretically, all conscripts should be discharged from military service, go through a bypass sheet, hand over their belongings, etc., and then report to the military registration and enlistment offices where they are registered to update their military records and receive a 12-month deferral from mobilization. The theory looks good, but the practice is not so good. In reality, upon arrival at the Territorial center for recruitment and social support, a former conscript is immediately sent to undergo a military qualification examination, which results in a conclusion on his fitness for military service, after which the Territorial center for recruitment and social support employees hand him a mobilization order for 2025. It is quite interesting how it turns out to be possible to deliver such a mobilization order if general mobilization and martial law are introduced for 90 days and then extended for the same period. Also, former conscripts face a problem when they are included in the OR-1, i.e. the operational reserve of the first stage, which is used to staff combat units and must report to the place of deployment by order of the commander, although they should be the OR-2, i.e. the operational reserve of the second stage. OR-1 includes servicemen or conscripts who have signed a contract to serve in the reserve. OR-2 includes former servicemen, conscripts who served before 2014, ATO and JFO participants who did not sign a contract.

If you are a conscript who is about to be discharged from military service, you do not understand the scope of your rights and how to protect them, you should contact the specialists of the law firm “Prikhodko & Partners”.

The lawyers of Prikhodko & Partners can go with you to the Territorial center for recruitment and social support to protect your rights, and if you have already received a mobilization order for 2025, they will help you recognize it as unlawful and appeal it.