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Publication date: 30.11.2024
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Can a serviceman terminate a contract during martial law
The legislation of Ukraine on military service under a contract regulates the rights and obligations of servicemen, including the conditions of dismissal. Situations when a serviceman wishes to be discharged before the end of the contract, especially during martial law, often raise numerous legal and procedural issues.
Question
Can a serviceman terminate a contract before its expiration?
Answer
Yes, a serviceman may terminate a contract on the grounds specified by the legislation of Ukraine, subject to compliance with the relevant procedures.
A serviceman who has signed a contract may be discharged on the grounds provided for by the legislation of Ukraine, in compliance with the established procedure.
The legal grounds for the discharge of servicemen are regulated by Article 26 of the Law of Ukraine “On Military Duty and Military Service”.
The discharge procedure involves the preparation and submission of an established package of documents, depending on the grounds.
Contacting a lawyer significantly increases the chances of a quick and successful discharge.
Legal aspects of dismissal: clarifications and key provisions
Dismissal of military personnel from contract service under martial law is a complex and strictly regulated process. The legislation establishes a limited list of grounds for termination of the contract, which includes the following reasons:
- Reaching the age limit for military service.
Health status: unfitness for service or temporary unfitness according to the conclusion of the Military Medical Service, presence of disability in the absence of a desire to continue service.- A court verdict of conviction, which provides for deprivation or restriction of liberty.
Family circumstances or other serious reasons provided for by current legislation.
Own desire (for foreigners or stateless persons) after at least six months of service.
Release from captivity, if the serviceman does not wish to continue his service.
Reduction of staff or impossibility of use in the service (for senior officers).
Expiration of the term of service, contract concluded during martial law.
Appointment to positions in the justice system.
Non-compliance with the probationary period (for foreigners and stateless persons).
Service incompatibility (for foreigners and stateless persons).
Refusal to take a polygraph test (for foreigners and stateless persons).
Special attention should be paid to the procedure for drawing up documents for dismissal, since inconsistency of the submitted data or documents may be grounds for refusal. The procedure for dismissing a serviceman from contract service is a multi-stage process that requires strict adherence to legislative requirements and proper preparation. Here are the main stages of this process:
- Legal consultation. The first and most important step in the dismissal process is to obtain professional legal advice. A lawyer will help assess the grounds for dismissal, determine the legitimacy of your request, and develop a strategy of action that will comply with the legislation of Ukraine.
Preparation of documents. Preparing the necessary package of documents is a key stage in the dismissal process. The speed of consideration of the application depends on the completeness and correctness of the documents.
Submission of documents.The finished package of documents is submitted to the command of the military unit in which the serviceman serves.
Legal stages of dismissal. At this stage, the submitted documents are reviewed and the command makes a decision. The command considers the application for dismissal, checks the documents for compliance with the requirements of the law and, if approved, issues an order for dismissal. After that, appropriate changes are made to the military registration documents, and the serviceman is given a military ID card with the necessary marks.
Legal support is necessary in case of complications or refusal to dismiss, since a lawyer can help appeal the command's decision in the prescribed manner. Compliance with the law is key, because any violations can lead to disciplinary measures or other negative consequences. Each stage of the dismissal process requires attention, careful preparation of documents and knowledge of the regulatory framework. The involvement of a professional lawyer greatly simplifies the procedure and ensures the protection of the rights of the serviceman.
List of services of lawyers of the "Consultant" service
Lawyers of the "Consultant" service provide a full range of services related to dismissal from the Armed Forces of Ukraine:
- Legal advice on dismissal: provision of detailed information on grounds, procedures and possible consequences of dismissal.
Evaluation of grounds for dismissal: analysis of the specific situation of a serviceman to determine legal grounds for dismissal.
Assistance in preparing a list of documents for release: formation of a complete list of necessary documents and providing recommendations on their execution.
Support in the process of obtaining medical opinions: organization of passing the military medical commission and obtaining relevant opinions.
Representation of interests in the military: interaction with the command and other officials to protect the client's rights.
Legal assistance for dismissal on various grounds: preparation of reports, statements and other documents depending on the specific grounds for dismissal.
Support in the process of appealing dismissal refusals: preparation of complaints and representation of the client's interests in higher command bodies or in court.
Legal assistance in the conditions of mobilization and martial law includes clarification of the rights and obligations of conscripts, as well as legal support in obtaining a deferment or exemption from conscription. Legal support for quick dismissal from the Armed Forces of Ukraine, which provides for prompt resolution of issues taking into account changes in legislation, is relevant. A qualified military lawyer helps to draw up documents correctly, following all procedures and legal norms.This approach guarantees the protection of the rights of a serviceman and minimizes the risk of problematic situations. Turning to a professional ensures an effective solution to even the most complex legal issues related to dismissal or mobilization.
The services of a military lawyer include legal advice, assessment of the grounds for dismissal, assistance in preparing documents, support in obtaining the conclusions of a military medical commission, representation of interests in a military unit, legal assistance on various grounds for dismissal, appealing against refusals, legal support on mobilization issues and support for quick dismissal
The process of dismissal from the Armed Forces of Ukraine is regulated and requires careful preparation. The main steps are strict compliance with legislative requirements, preparation of necessary documents and professional legal support. Legal assistance on dismissal allows you to resolve complex issues, such as refusal to dismiss or incorrect execution of documents, and guarantees effective protection of your rights. Contact the lawyers of the "Consultant" service to receive professional assistance and resolve all legal issues regarding your dismissal.
