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Publication date: 13.11.2024
Every male citizen of Ukraine who has reached the age of 18 is obliged to perform military service in accordance with the law. However, there are certain cases, which are clearly regulated by Ukrainian legislation, when a citizen may be removed from the military register, which allows him or her to avoid being subject to conscription or mobilisation.
What is exclusion from military registration?
Exclusion from the military register is a legal procedure that provides for the removal of a person from military registration. This means that a citizen is released from obligations related to military service, mobilisation training or participation in military training. This issue is regulated by the Law of Ukraine ‘On Military Duty and Military Service’ and other legal acts that provide for various grounds and procedures for exclusion from the register.
Grounds for exclusion from the military register
Exclusion from the military register is possible only under certain conditions specified by law. The main grounds are as follows:
- Reaching the age limit: the law establishes the maximum age for being registered for privates, sergeants and non-commissioned officers, junior and senior officers - 60 years.
- Health status: if the military medical commission declares a person unfit for service for health reasons, he or she may be excluded from the military register.
- Permanent residence abroad: if a citizen of Ukraine has moved abroad for permanent residence and has ceased to be a citizen of Ukraine.
- Deceased or missing persons: deceased persons or persons declared missing or declared dead in accordance with the procedure established by law.
- Referral to penitentiary institutions to serve a sentence or if compulsory medical measures are applied to a person.
- Sentencing to imprisonment for a grave or especially grave crime.
If a person falls into any of these categories, he or she may apply for exclusion from the military register.
The procedure for exclusion from the military register
The procedure for exclusion from the military register involves applying to a military registration and enlistment office with a package of necessary documents. Here is a detailed procedure for citizens who want to be deregistered:
- Preparation of documents: documents confirming the grounds for deregistration are required, including medical reports, disability certificates or certificates of permanent residence abroad.
- Submission of an application to the military commissariat: a citizen must submit an application to the military commissariat at the place of registration or at another authorised institution.
- Consideration of the application by the military commission: the military commissariat checks the submitted documents and, if the grounds are confirmed, decides on the exclusion from the military register.
Documents to be submitted to the military commissariat
The following documents are required to complete the procedure for exclusion from the military register:
- Passport of a citizen of Ukraine.
- Identification code (to confirm personal data).
- Application for exclusion to the Recruitment and Social Support Centre.
- Military registration documents (military ID card, temporary certificate of a person liable for military service, registration certificate).
- Medical reports or certificates of disability (must contain an official conclusion of the medical commission).
- Certificate of permanent residence abroad (residence permit, certificate from a foreign municipality, etc.).
The role of a lawyer in the process of exclusion from military registration
Contacting a lawyer greatly simplifies the process of exclusion from the military register, as a specialist can help prepare documents, provide clarification on legislation and help in case of problematic situations. The main advantages of legal support:
- Checking documents before submission to avoid possible mistakes.
- Advice on legislative changes and possible defence options.
- Representation of the interests of a citizen in the military commissariat, assistance in filing an appeal.
Question
Can the exclusion from the military register be cancelled in case of change of circumstances?
Answer
Yes, in case of change of circumstances (e.g., improvement of health condition or change of the age limit), the military commissariat may reconsider the decision to exclude a person from the register and restore his/her military registration if it meets the requirements of the law.
Question
Do citizens who have moved abroad for permanent residence need to undergo an additional procedure to be deregistered?
Answer
Yes, citizens who have moved abroad for permanent residence must submit an application to the military registration and enlistment office at their last place of registration in Ukraine. The application should be accompanied by documentary evidence of permanent residence in another country, such as a residence permit, a certificate from local authorities or another official document. After checking these documents, the military commissariat makes a decision on deregistration.
Question
Do I have to apply to the military registration and enlistment office myself to be deregistered after reaching the age limit?
Answer
Persons liable for military service and reservists who do not work for a certain period of time must personally appear at the relevant district (city) territorial recruitment and social support centre, the Security Service of Ukraine or a unit of the Foreign Intelligence Service in the year when they reach the age limit for being in the reserve to be deregistered. If they do not appear on their own, they are automatically deregistered on 1 January of the following year after reaching the age limit.
Obtaining the services of a military lawyer significantly speeds up the process of being excluded from the military register, as it helps to resolve complex legal situations:
Consultation on military issues: assistance in clarifying your rights and obligations.
Preparation of documents: support in obtaining the necessary certificates and applications.
Representation in the commissariat: qualified protection of interests in court and the commissariat.
The procedure for deregistration is complex and requires detailed compliance with the law. Persons entitled to be deregistered may use the exclusion procedure if they provide the appropriate package of documents and confirm the legal grounds. Professional services of a military lawyer can greatly facilitate the process and guarantee the protection of the rights of a citizen, ensuring the desired result in resolving the issue of exclusion from the military register.
