Is it possible to resign from service if the brother is in captivity?

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Khyzhavska Olesia Yaroslavivna

Lawyer

Ukraine / Khmelnitsky region

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Publication date: 17.10.2024

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Legal assistance during war 

In times of war, when families lose loved ones and servicemen face difficult challenges, the issue of discharge from military service becomes especially relevant. One of the situations that raises many questions is the possibility of dismissal from service in the event that a soldier's brother is captured. Although this is a very difficult and emotional situation, unfortunately, such a reason as dismissal from military service due to the capture of a relative is not provided for by Ukrainian legislation. However, there are other grounds for dismissal, according to Article 26 of the Law of Ukraine "On Military Duty and Military Service". There are grounds for dismissal due to serious family circumstances or other valid reasons. Legal advice during war is crucial for understanding rights and responsibilities in a tumultuous environment. 

A wartime lawyer provides the necessary legal assistance to servicemen and their families, taking into account the specifics and challenges that arise during a conflict.A military lawyer specializes in providing legal services to military personnel, protecting their interests in matters related to military service and military rights.

Exemption from military service due to the capture of a relative is not a legal basis, but there are a number of other grounds for exemption.

It is important for military personnel to obtain legal advice during wartime to understand their rights and options.

Lawyers of the "Consultant" service can provide qualified assistance in matters of dismissal from military service, preparation of reports and other legal procedures.

Legal grounds for dismissal from military service during martial law

According to Ukrainian legislation, grounds for dismissal from military service during martial law include:

• Female servicemen may be dismissed due to pregnancy or if they are on leave to care for a child under the age of three.
   
• Family circumstances. Military personnel who have children under the age of 18 or who are raising orphaned children are also eligible for exemption. This applies to cases where the second parent has died, is deprived of parental rights or is serving a sentence.
   
• Care for persons with disabilities. Military personnel may be exempted in the event of the need for permanent care of family members with disabilities, which is confirmed by a medical opinion.
• In case of death or disappearance of close relatives (husband, wife, son, daughter, father, mother or biological (full-blood) brother or sister) during direct participation in an anti-terrorist operation or in measures aimed at ensuring national security and defense, as well as in conditions of armed aggression of the Russian Federation in the Donetsk and Luhansk regions, or during martial law.
• 
  If close relatives (husband, wife, son, daughter, father, mother, native (full-blood) brother or sister) were posthumously awarded the title of Hero of Ukraine for demonstrated civic courage, patriotism and heroic defense of the constitutional principles of democracy, human rights and freedoms, as well as for dedicated service to the Ukrainian people during the Revolution of Dignity (November 2013 - February 2014).

During times of war, it is especially important for military personnel to receive legal advice to understand their rights and options. Lawyers of the "Consultant" service provide professional assistance in matters related to discharge from military service, preparation of reports and other legal aspects. It is important to note that the current legislation of Ukraine does not provide for dismissal from service due to the capture of a relative, however, there are other reasons for dismissal, such as health, family circumstances and completion of service. To obtain legal support, the military can contact the specialists of the "Consultant" service, who are ready to provide advice on all necessary issues.

Services of lawyers of the "Consultant" service

The "Consultant" service offers a wide range of legal services for military personnel, including:

1. Legal advice. Professional advice on legal issues related to military service.
2. Preparation of reports. Assistance in the preparation and submission of reports for dismissal or transfer to another part.
3. Military medical commission. Consultations on passing a military medical board to obtain a health report.
    
4. Legal support. Representation of the interests of military personnel in courts and other institutions.
    
5. A lawyer for the military. Provision of qualified lawyer services for military personnel who need legal assistance.
    
6. Military lawyer online. The possibility of receiving consultations online, which is especially relevant during the war.
    
7. Dismissal from the Armed Forces. Assistance in issues related to discharge from the Armed Forces of Ukraine, taking into account personal circumstances.
    

A military lawyer during wartime plays an important role in protecting the rights of military personnel, ensuring compliance with the law in combat. In case of military injury, he helps in resolving issues regarding compensation, medical care and discharge from military service. The work of a military lawyer also includes legal support for the families of the dead and missing. A lawyer during hostilities provides essential legal support to individuals navigating the complexities of conflict situations. Military lawyer services offer specialized assistance for service members facing legal challenges related to their military obligations.

The package of documents for military discharge includes all necessary paperwork required to complete the separation process efficiently and in compliance with regulations.