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Publication date: 29.10.2024
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Procedure for dismissal from contract service
Dismissal from contract service is an important and complex procedure regulated by a number of legislative norms of Ukraine, in particular the Law of Ukraine "On Military Duty and Military Service". Many servicemen are looking for an answer to the question: how to properly terminate a contract during mobilization or martial law? This article provides a detailed explanation of this issue, examines the key reasons for discharge, and highlights the possibilities of obtaining help from a professional military attorney.
Question
How can a serviceman terminate a contract during martial law?
Answer
The contract can be terminated due to health, family circumstances or upon reaching the age limit, in accordance with the law.
According to Article 26 of the Law of Ukraine "On Military Duty and Military Service", servicemen may be dismissed from contract service for several reasons. Among them are reaching the maximum age, health, family circumstances and other valid reasons.
A military serviceman has the right to be released from contract service based on his state of health, confirmed by the conclusion of the military medical commission.
Exemption may be granted due to family circumstances, such as raising a child or caring for relatives with disabilities.
The contract is also terminated in case of reaching the maximum age or other circumstances determined by the legislation of Ukraine.
The main grounds for dismissal from contract service include:
- Exemption by age. The law clearly stipulates that the contract is terminated if the serviceman reaches the age limit for military service. This age is determined depending on the category of military serviceman and the type of military. The minimum age for military service during the special period for enlisted, sergeant and senior officers, as well as junior and senior officers is 60 years, while for senior officers it is 65 years.
Dismissal due to health. The second important aspect is the state of health of the serviceman. If the military medical commission provides a conclusion on unfitness for military service or temporary unfitness with a review after 6-12 months, the serviceman has the right to be discharged. It is important to note that this conclusion must be supported by medical documents that can be obtained through the appropriate examination procedures. Also, a serviceman has the right to be dismissed in case of disability, if he has not expressed a desire to continue his service.
Dismissal due to family circumstances. Female military personnel may be released from contract service in connection with pregnancy or being on leave to care for a child until the child reaches the age of three, as well as in cases where the child needs home care according to a medical opinion until the age of six. Also, servicemen who are raising children under the age of 18 have the right to be exempt if one of the parents has died, is recognized as missing or is deprived of parental rights.In addition, there may be grounds for dismissal for servicemen who support three or more children under the age of 18, as well as persons with disabilities. Military personnel who have dependent children with serious illnesses or need to care for close relatives with disabilities can also use the right to release from contract service.
Dismissal by court order. A separate ground for dismissal is the entry into force of a guilty verdict of the court, which provides for punishment in the form of deprivation of liberty or restriction of liberty. In this case, the contract is automatically terminated, and the serviceman is relieved of his duties.
Other grounds for dismissal. The law also provides for the possibility of dismissal from contract service for other valid reasons. For example, military personnel can be discharged due to the end of their contractual service or voluntarily after six months of service, but this only applies to foreigners. In addition, dismissal is possible due to downsizing or other organizational measures, if the serviceman cannot continue his service due to the lack of a suitable position.
Submitting an application for exemption from military service is an important step that must be carried out in strict accordance with the law. Military personnel must write an appropriate application, indicating the grounds for dismissal and attaching the necessary documents. For the correct execution of documents and further protection of your rights, it is better to use the services of a military lawyer, who will help you avoid mistakes and ensure compliance with the procedure.
Why should you contact a military lawyer?
Terminating a contract can be a complex and multi-step process, especially in wartime. To avoid mistakes and legal complications, it is important to use the services of a military lawyer. A qualified lawyer will help you collect the necessary documents, check their compliance with the requirements of the law and provide recommendations on further actions. The services of a military lawyer can greatly facilitate the discharge process, protect the rights of the serviceman and ensure the legal termination of the contract.
Legal marketplace "Consultant" provides a wide range of services for solving various legal issues:
- Consultation on issues of military legislation — providing clarifications on conditions and procedures for release from contract service.
- Preparation of necessary documents — preparation of reports and other related documents.
Legal support — representation of the client'sinterests in state bodies and military institutions. - Assistance in preparing for the military commission — counseling and preparation of documents for participation in the military commission.
- Defending the client's rights — protecting the rights of servicemen in the event of wrongful actions by the command.By using the services of lawyers, you will be able to avoid legal complications and confidently go through the dismissal process.
Dismissal from contract service during martial law is possible on the grounds determined by the legislation of Ukraine. It is important to know your rights and follow the procedure defined by the Law of Ukraine "On Military Duty and Military Service". For proper legal support and protection of your rights, it is recommended to use the services of a military lawyer, who will help you avoid mistakes and ensure the correct execution of all documents.
