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How to resign from contract service?

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Publication date: 29.08.2024

How to resign from contract service? - Legal support

During the period of mobilization in Ukraine, some men and women concluded contracts with the Armed Forces of Ukraine (AFU), as they were not called up for mobilization. Contract service is one of the forms of military service, when a person is obliged to serve for a certain period according to the terms of the contract. A distinctive feature of this form is that it differs from military service, which includes mobilization, where individuals are drafted without entering into a contract for military service. In this article, we will consider what are the terms of service under a contract during wartime and the possibility of early termination of the contract.

Grounds for dismissal from military service of contractors

Grounds for discharge of servicemen from military service under contract cover a variety of circumstances, including:

  • On the basis of age – the serviceman's achievement of the maximum age established for military service.
  • Due to the state of health - in cases where a medical examination finds him unfit for military service, with exclusion from military registration.
  • In connection with legal aspects - in the case of the imposition of a punishment that involves deprivation of liberty, restriction of liberty or deprivation of a military rank in accordance with a court verdict that has entered into force.
  • Due to family circumstances or other important reasons, which include: The need for care for children with special needs. The need to provide constant care for sick family members or other persons who need specialized care. Pregnancy of female servicemen or the need to care for minor children in accordance with established requirements.
  • In case of mobilization or introduction of martial law - in accordance with the legislation in force during the special period.

These grounds are considered and used in accordance with the requirements of Part 5 of Article 26 of the Law of Ukraine "On Military Duty and Military Service".

What is the term of the contract with the Armed Forces during martial law?

In connection with the expiration of the contract from the moment of the introduction of martial law, dismissal is not possible. Accordingly, the contract cannot be terminated (terminated) on this basis. A military serviceman cannot be removed from military service before the announcement of demobilization by order of the President of Ukraine.

Procedure for termination of contract service

First, you need to submit a written application for dismissal. Your application will be reviewed by the commander and, if necessary, you will undergo an additional medical examination. After that, you need to prepare all the necessary documents, return the service equipment and receive settlement payments. The command will issue an order for your release based on the decision or conclusion of the military medical commission (MMC), and you will be issued a military card with the relevant records.

Legal opinion

After analyzing the situation, the lawyer provides a legal opinion, which includes an assessment of your situation and recommendations for further actions. This may include filing a lawsuit, preparing a grievance, or negotiating with management. A legal opinion is an important step in developing a strategy to achieve release from indentured military service in accordance with the law and in your best interests.

Cooperation with the legal marketplace "Consultant"

Our lawyers are ready to provide professional assistance in solving issues related to dismissal from contractual service. and protect your rights. Contact us for a consultation and we will help you find the best solution for your situation. Legal marketplace "Consultant" guarantees quality services and an individual approach to each client.

Conclusion

During the period of mobilization in Ukraine, some men and women who were not called up for mobilization entered into contracts with the Armed Forces of Ukraine (AFU) to serve under the terms of these contracts. Contract service is a form of military service where a person undertakes to perform duties for a specified period of time. Grounds for exemption from contractual military service include age restrictions, medical conditions, legal circumstances and family considerations. In the case of the introduction of martial law, release from the contract is not possible until demobilization is announced by order of the President of Ukraine. After analyzing the situation, the lawyer provides a legal opinion and recommendations on further actions in the procedure of termination of the contractual service, taking into account the legal requirements and interests of the client.

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