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Publication date: 13.11.2024
Serving in the Armed Forces of Ukraine (Military Forces of Ukraine) is a great responsibility toward the nation and its people. However, certain circumstances may warrant dismissal for military personnel. During martial law or heightened national security risks, the issue of dismissal from the AFU becomes particularly significant, as it depends on both legal requirements and the state’s urgent needs.
Grounds for dismissal from the MFU:
The process for dismissal from military service is governed by several legal acts in Ukraine, with the main one being the Law of Ukraine "On Military Duty and Military Service." According to this law, there are several primary grounds for dismissal from the MFU, covering both voluntary and mandatory discharge in specific cases.
Key grounds for dismissal:
- Contract expiration: After the contract term ends, a service member may be discharged upon request.
- Reaching maximum age: Different age limits apply to various service categories, with the maximum age currently set at 60. Reaching this age automatically qualifies as grounds for dismissal.
- Health conditions: If a Military Medical Commission (MMC) deems a person unfit for service due to health issues, this suffices for dismissal.
- Family circumstances and other significant reasons: For example, if the service member becomes the sole breadwinner, this may also be grounds for dismissal.
- Reduction of personnel or staff: In cases of MFU restructuring or downsizing, certain personnel categories may be dismissed.
It is essential to note that during martial law and specific periods, restrictions on dismissals may apply, meaning not all grounds may be valid.
Process of dismissal from the MFU :
Dismissal from the MFU in Ukraine includes several stages, each with specific requirements. Service members must follow the outlined steps to ensure a legal discharge and avoid potential legal issues.
Stages of dismissal from the MFU 2024 :
- Submission of application: A service member must submit a report for dismissal, indicating the grounds for dismissal. If the contract has ended or other lawful grounds exist, the report is submitted to the unit commander.
- Medical examination: For health-based dismissals, an MMC assessment is required, which confirms the diagnosis and service fitness.
- Document preparation: After the report is approved by the command, the military unit prepares a document package for dismissal, including a personal file, medical records, and the military ID.
- Final documentation: The last step is the formal discharge. The service member signs documents, completes instructions, and returns service property and equipment.
Legal aspects of dismissal
- Service members who are discharged have the right to specific social benefits, such as pension provisions (if they meet the required years of service).
- After dismissal for health reasons, additional rehabilitation payments or compensation for treatment may apply.
- Furthermore, the discharged individual is responsible for maintaining military ID and record information requirements.
Types of military service dismissals
There are several types of military service dismissals depending on the circumstances.
- Health-based dismissal: Confirmed by an MMC conclusion and requires a mandatory medical examination.
- Family-based dismissal: Requires documented proof of circumstances, such as civil status records or health documents of close relatives.
- Contract completion: Dismissal is possible if no martial law or special period has been declared.
Question
What grounds are considered sufficient for health-based dismissal?
Answer
The conclusion of the Military Medical Commision regarding unfitness for service is sufficient grounds for dismissal. In cases of serious illnesses or injuries that hinder service performance, a service member can submit a dismissal report, confirmed by Military Medical Commision findings.
Question
Does a service member have the right to health-based dismissal without an Military Medical Commision conclusion?
Answer
No, health-based dismissal is only possible with an Military Medical Commision conclusion determining service fitness.
Question
Is it possible to be dismissed for family reasons during martial law?
Answer
Family-based dismissals may be restricted during martial law. However, family circumstances such as the loss of a breadwinner or critical family situations may be considered grounds by command, but each case requires individual assessment and documented proof.
Question
How much does legal advice on issues of dismissal from the MFU cost ?
Answer
Question
Which documents are required for dismissal from the military service ?
Answer
The main grounds for dismissal from the MFU in Ukraine 2024 :
Contract: completion of the service term specified in the contract qualifies as grounds for dismissal at the service member’s request.
Medical Examination: dismissal on health grounds based on the Military Medical Commission's decision on unfitness for military service.
Family Circumstances: dismissal due to family circumstances, such as in cases where the service member becomes the sole breadwinner of the family.
Social guarantees for discharged service members
Service members who have completed their service are entitled to a range of social guarantees, depending on the reasons for discharge and the terms of their contract. For instance, those discharged due to health conditions are eligible for additional benefits related to rehabilitation or treatment.
Discharged service members who have served a certain number of years may also receive retirement benefits or other social payments. Preferential pension provisions depend on length of service as well as participation in combat actions.
Dismissal from the MFU 2024 is clear and regulated by law. It is crucial for service members to know their rights and obligations when seeking discharge, as incorrect documentation can lead to delays or limitations in benefits. Ukrainian legislation provides adequate social guarantees and compensations for service members discharged for valid reasons, such as health conditions or contract completion.
