Information on exclusion from military registration

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Borysuk Natalia Mykolayvna

Lawyer

Ukraine / Volyn region

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Publication date: 12.08.2024

Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.

The main differences between withdrawal and exclusion from military registration

Let's start with the fact that it is important to clearly distinguish between the concepts of "removal from military registration" and "exclusion from military registration". These terms have significant differences both in terms of legal consequences and the grounds for their application.

1. Exclusion from military registration. Exclusion from military registration means that a person completely loses the status of conscript. This frees her from all obligations related to military registration. For example, once removed, a person cannot be called up for duty during mobilization, is not required to pass a military medical board (MMB) or update their credentials, and cannot be served with a summons. Disenrollment is final and the individual must not re-enlist.
2. Removal from military registration. Removal from military registration, unlike exclusion, has a temporary nature. This means that the person remains conscripted and must continue to fulfill all obligations related to military registration, such as passing the VLK, updating military registration data and notifying the TCC and SP about a change of residence. A person who has been deregistered must be registered in another place, for example, in another region or in a consulate of Ukraine abroad.

Grounds for exclusion from military registration

The grounds for exclusion from military registration are regulated by the Military Registration Rules. 

The exception may be applied to persons who:

• They were mobilized and accepted for military service. In this case, the person acquires the status of a military serviceman, and his personal file is transferred to the relevant military unit.
• They were declared unfit for military service by decision of the VLK. The conclusion on unfitness must be approved by the regional VLK.
• They have reached the maximum age of being in the reserve, which is usually 60 years.
• They lost Ukrainian citizenship.
• They were sentenced to imprisonment for committing a serious or particularly serious crime.
• Sentences are served in a penal institution.

According to these grounds, the specific situation is adjusted in practice depending on the need.

The procedure of exclusion from military registration

In order to be excluded from military registration, first of all, it is necessary to have an appropriate reason. If such a reason exists, the person must appear in person at the TCC and SP and submit an application for exclusion from military registration based on age together with documents confirming the existence of a reason for exclusion.

After exclusion from registration, a corresponding mark is placed in the military registration document. In cases of exclusion under clauses 3 and 4 of part 6 of Article 37 of the Law of Ukraine "On Military Duty and Military Service", the military registration document is not withdrawn. Information on exclusion is entered into the Unified Electronic Register of Conscripts. With exclusion from military registration, citizens are no longer conscripted and can cross the state border during martial law.

Consequences of exclusion from military registration

Exclusion from military registration means loss of conscript status. This relieves the individual of any responsibilities related to military registration, such as passing the VLK or updating military registration data.

Legal assistance in case of exclusion from military registration, legal support for exclusion from military registration 

Legal support for exclusion from military registration includes comprehensive assistance in preparing documents and solving issues related to the exclusion process. 

One of the key aspects of this assistance is ensuring the correct execution of documents, in particular those confirming the fact of deregistration. 

If you are interested in the question of which document confirms exclusion from military registration, then it is a mark in the military registration document certifying exclusion and the entry of relevant data into the Unified Electronic Register of Conscripts.

The lawyer will help you collect all the necessary documents for exclusion, will check the correctness of their submission and provide advice on removal and exclusion from of military registration, will explain the difference between these processes and help avoid mistakes.

In addition, legal support includes assistance with the issue of exclusion from military registration by age, of travel departure abroad. After exclusion, you get the right to leave Ukraine, and a lawyer will help you draw up all the necessary documents so that this process goes smoothly.