Publication date: 07.10.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
Dismissal from military service in Ukraine is regulated by the Law of Ukraine "On Military Duty and Military Service" and other normative legal acts. The conditions and procedure for dismissal depend on the reasons and status of the serviceman (term service, contract, mobilization).
Discharge from military service is the process of termination of military duties by a serviceman based on certain conditions defined by law. Dismissal can occur for various reasons, such as health, family circumstances, expiration of the contract, reaching the age limit, or due to disciplinary violations. The discharge procedure includes submitting a report, passing a medical board (if necessary), reviewing the report by the command, processing documents, and removing from military registration.
Grounds for dismissal from military service:
- According to the state of health: if the serviceman is recognized as unfit for service by the results of the medical commission (VLK or MSEK).
End of Contract or Term of Service: Military personnel may be discharged after the end of their contract or term of service and submit a report on dismissal from military service under contract.- Family circumstances: the serviceman has three or more children under the age of 18, the presence of a disabled child, the need to care for sick relatives (if relevant medical certificates are available).
- Reaching the age limit: if a serviceman has reached the age limit for military service.
- Loss of the right or termination of military service: for example, in the presence of a court verdict or in other cases provided by law.
- Voluntary: If there are no circumstances that limit the discharge (such as a special period or mobilization), a contract service member may report for voluntary discharge.
The procedure for dismissal from military service:
- Submitting a report on dismissal from the armed forces: a serviceman submits a report to the unit commander indicating the reason for dismissal. In cases related to family circumstances or health, appropriate documents (medical certificates, children's birth certificates, etc.) are attached to the report.
- Passing the medical commission (if necessary): if the reason for dismissal is related to medical indications, the serviceman is sent to the military medical commission (MMC) or MSEK.
- Review of the report by the command: the unit commander or higher commander reviews the report on discharge from military service and makes a decision on discharge. In case of refusal, the serviceman has the right to appeal the decision of the command in a higher instance or court.
- Issuance of documents: in case of a positive decision, the dismissal order and all necessary documents (military ID, certificates, orders, etc.) are issued. The military serviceman is paid the benefits due to him, including cash support, compensation for unused vacation and others.
- Removal from military registration: after discharge, a serviceman must contact the Territorial Recruitment Center (TCC), where he is removed from registration.
During a special period (for example, mobilization or martial law), dismissal is possible only on a limited list of grounds, such as health or family circumstances. In such cases, the dismissal process may be more complex and may require additional legal assistance.
Question
When should you contact a lawyer?
Answer
For example, if the command refuses to release, despite the existence of legal grounds, if you need help in preparing a report and collecting documents, or if there are difficulties during the VLK, or if you need to appeal the decision to refuse to release in court.
Legal support for discharge from military service is the assistance of a military lawyer or attorney in the process of discharge of a serviceman, which includes legal support, consultations and representation of interests during the preparation and implementation of the discharge procedure. Support may be necessary in complex situations where there are disputes or difficulties in obtaining a release permit.
The main services of legal support for dismissal from the Armed Forces:
- Consultation on the dismissal of the armed forces: analysis of the circumstances that may be grounds for dismissal, clarification of legislation and requirements for dismissal.
- Preparation of documents: assistance in drawing up a report on dismissal from the armed forces and submitting reports on dismissal from the armed forces. Collection and preparation of the necessary documents (medical certificates, certificates of family circumstances, etc.) for drawing up a report.
- Representation of interests: protection of the rights of a serviceman in the event of conflicts or refusal of the command to release him. Appealing the refusal of release to higher authorities or the court.
A military discharge attorney is a specialist who provides legal assistance to military personnel during the discharge process. Such a lawyer helps to resolve legal issues related to discharge, protects the interests of the client in cases of disputes with the command and ensures compliance with the rights of the serviceman in accordance with the law. A lawyer on discharge from military service provides a professional approach, quick resolution of problems and protection of the interests of a serviceman in difficult situations.
Advantages of legal support from lawyers and advocates of the "Consultant" service:
Professional approach: a lawyer will help to avoid legal mistakes and ensure that all necessary procedures are carried out.
Protection of rights: representation of the interests of a serviceman in case of disputes with the command or other authorities.
Effectiveness: increasing the chances of a successful dismissal and receiving the appropriate benefits, compensation and other rights.
Legal support is especially important in cases where a serviceman has difficulties with discharge or when it is necessary to appeal the refusal of discharge, as well as in cases of discharge during a special period. For successful discharge from military service and submission of reports on discharge from the military service, it is important to follow the established procedure and have all the necessary documents. Contacting a military lawyer of the "Consultant" legal service can be useful in complex cases, such as an appeal against a refusal to be discharged or assistance with discharge from the Armed Forces during a special period.
