Senior lawyer
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
Removal from military registration
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+38 (073) 007-44-09The issue of removal from military registration is regulated by such normative legal acts as the Law of Ukraine “On Military Duty and Military Service” and Resolutions of the Cabinet of Ministers of Ukraine № 560 and 1487. The specified by-laws specify the provisions of the Law in the context of their practical application. If you need to order a consultation or support on such issues, pay attention to the services offered by military lawyers of the “Prikhodko & Partners” Law Firm. Our specialists are well versed in the norms of legislation related to the field of military law, since we regularly support such cases. Therefore, you can order professional legal support, thereby simplifying a number of processes in the legal field.
What are the grounds for removal from military registration?
What are the grounds for removal from military registration?The grounds for removal from military registration are provided for in Part 5 of Article 37 of the above-mentioned Law. Thus, removal from military registration of conscripts is provided for in the following cases:
- when the person has reached the age of 25;
- when the person has left for another locality, having registered with other TCC and JV;
- when the person has completed basic military training or, conversely, has been exempted from undergoing it due to health reasons (such a decision must be confirmed by a higher-level commission);
- when the person has received a special rank of private, sergeant or officer;
- when there has been a referral to non-military (alternative) service;
- when there has been a referral to a penal institution or the use of compulsory treatment;
- when the person, having completed training under the reserve officer training program, has received an officer rank.
As for the removal of conscripts from the register, it is provided for:
- when leaving for another locality and registering at a new place of residence;
- when being called up or accepted for military service or training in military educational institutions (pre-higher or higher education);
- when being sent to places of serving sentences or compulsory treatment;
- in other cases, upon the relevant decision of the Ministry of Defense, the Security Service of Ukraine or intelligence agencies.
And finally, it is necessary to consider when reservists are removed from military registration. So, we are talking about the following cases:
- reservist’s departure to another locality and registration there;
- conscription or acceptance into service or training in the relevant military institutions;
- acceptance into service in civil defense agencies or units;
- reaching the maximum age stipulated for staying in the reserve;
- referral to penal institutions or compulsory treatment;
- in other cases when there is a decision of the Ministry of Defense, intelligence agencies or the SSU.
When a conscript is removed from the register, he must register at his new place of residence within 7 days.
Removal and exclusion from accounting: differences
It is also important to note that the concepts of “removed from military registration” and “excluded from military registration” are different and have different legal consequences for the conscript. When it comes to exclusion, then, according to the norms of the already mentioned Law, it is provided for only in a few cases, namely:
- the person has died or has been declared dead in accordance with the procedure established by law;
- the person has been declared missing;
- he/she has ceased to be a citizen of Ukraine;
- he/she has been declared unfit for military service, which is recorded in the relevant conclusion of the MMC;
- the conscript has reached the maximum age for being in the reserve (we are talking about those men who have reached the age of 60).
To sum up the difference between removal and exclusion from the register, the latter is intended for people who, for various reasons, cannot serve and after exclusion from the register, lose their status as a conscript. If we talk about removal from the register, then in this case we are talking, as a rule, about moving or transferring to another place of service.
How can we be useful?
Lawyers of the law firm “Prikhodko & Partners” can provide the following services in the field of military law:
- Consultations. The purpose of any consultation is to answer the client’s questions and guide them as to what steps they should take in the legal plane to resolve their issue.
- Legal support. For example, when interacting with the TCC, the service of physical support is in great demand. It gives the client confidence that their lawyer will ensure compliance with law and order and will protect them from signing documents whose contents the conscript does not fully understand.
- Appealing decisions, actions or inactions of the TCC. The appeal can be made both to the highest operational command and to the administrative court.
To order these services, you should fill out the feedback form on our website, after which a lawyer will call you back.
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Are you interested in the procedure for deregistration from military service?
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Do you need legal advice on military law?
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Do you have grounds for removal from military registration?
Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
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