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Publication date: 11.03.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
A story about the dismissal of a mobilized person whose report was not wanted to be noticed for a long time
I was approached by a mobilized man with a request to help him write a report on dismissal for family reasons on the grounds that his mother is disabled group 2. He asked me to prepare and send this report by mail with all the documents attached to it. So it was done.
But then a week, two weeks passed, there was no reaction. He went to the command to find out what news about his dismissal. He received a rude answer that if there was anything, I would let you know. If I don't say anything, then there is nothing.
According to some rumors, he was told that his report was rejected, but the specific reasons for what is wrong, no one called.
It was decided that I would send a lawyer's request asking for information about the status of his report. But this request was ignored.
A month or a month and a half had passed since the report was filed and the issue had not been resolved.
So we decided to go to court to file a lawsuit against the military unit and oblige him to dismiss him through the court.
As soon as the court proceedings were opened, he received a lot of claims from the military unit, how is it so and how dare you behave like that. There was no answer to the question why you kept silent and did nothing.
After that, for a couple of weeks more the military unit messed with the military man's head - the report signed by the lawyer is not good for us - rewrite it, then there is no employee to take it from you, then we will not let him go on leave. In the end, everyone was morally ready to sue, but they decided to rewrite the report as they wanted and submit it again.
Then they tried to persuade him to take the statement from the court, to which he replied that he would not do it until the moment of receiving the order of dismissal.
And then, without waiting for the end of the trial, the mobilized man was dismissed and free.
At the same time, he had a lot of comrades who also tried to quit for a long time, were afraid to go to court and had been waiting 3-4 months for some reaction to his report.
Well, when this guy was dismissed, before he ran and became registered in TCC and SP, he consulted whether he had grounds for deferment from mobilization. And he did the right thing. Because in his case it was not enough just to be a mom of a disabled person of the 2nd group, and he prepared additional documents in advance to get a deferment.
And the trap of the military commission did not work. They could not serve him with a new summons.
This I told you one of the stories of dismissal from military service, so that you understand that just may not be. But to argue and complain about them in case of what and you can and should, if you want to achieve the result.
Where does the process of dismissal from military service begin?
If you have any grounds for dismissal, then everything starts with the first and main document at this stage - a report for dismissal. Without writing and submitting it, the case will not move further.
And already at the stage of writing a report there are a lot of questions - where to write it, to whom to submit, what documents to attach and how to fix its submission.
Write a report to your immediate commander and to the name of the military unit to which you are assigned. For example, to the commander of the artillery training division Petrov Ivan Ivanovich, military unit A1111.
You send your report to the legal address of your military unit. But the main thing is not to get it mixed up. This is not the place where you are now on the front line, and this is the place where the accounting office of your military unit is located. For example, you can fight now near Avdeevka, but your military unit is located in Zhitomir. So you have to send your report by mail to Zhytomyr.
This does not prevent you from submitting a report directly to your commander, but if he is nearby, and if you can do it with the fixation of its submission and you are sure that it will be brought to the attention of the top leadership.
If it is impossible to fix the submission of the report on the spot to the commander, or if the commander is not there at all or does not want to accept it, then you can still hand the commander 1 copy of your report with the documents. But in this case it is better to send the 2nd copy by valuable mail with a description of attachment and courier delivery to the address of your military unit, where the accounting office is located.
A very important issue that many people miss is the recording of the submission of this report.
You must have proof that you actually filed this report. Otherwise, you become completely dependent on your superiors and at any moment you will be told that you did not submit anything at all and they have nothing to talk to you about.
The easiest way to fix the submission of the report is to send it by mail with the attached documents by a valuable letter with an inventory of attachments and courier delivery to the name and address of your military unit, it is possible with a notice of delivery.
With this method of submission you will receive a receipt of sending, an inventory of attachments at the time of sending this letter, and later you will receive a notice of its receipt by the military unit.
And no one will be able to say that you did not submit anything and you did not have any documents.
If the post office is far away - submit a report to your command, write it in 2 copies, and ask your commander to put a signature and date on your second copy on its acceptance by you. This is also a record of submission.
The list of documents to be attached to the report depends on your grounds for dismissal.
On the grounds for dismissal for mobilized already has a video on this channel, a link to which I will leave in the description.
Well, if you still doubt whether you have such grounds, - then consult a lawyer beforehand.
It is better to submit all documents in notarized copies.
Can someone else file my discharge report for me
Many military personnel on the front lines often ask for an attorney so that neither they, but the attorney, will file the discharge report in their place.
In general, this is possible. But as always there is a but.
In practice, I often find that military units do not like reports written by an attorney. And they want to get them signed personally by a person liable for military duty.
Let me say at once that such a position of military units is illegal, and there is even a separate court practice, which says that the report may well be filed by both the person liable for military duty and his lawyer. And both options are considered normal. And filed properly.
However, the commanders of many military units are interested in delaying the process of dismissal. And not all comply with the norms of the current legislation.
Therefore, when a military man has the opportunity to sign the report himself, I usually help in its preparation and formation of documents, but the report is sent signed personally mobilized.
And if there is no such opportunity at all - here, of course, a lawyer comes into play.
What to do if the report is filed, and dismissal from military service does not occur
After you have filed a report for dismissal, the further course of events depends on your command.
Sometimes, when the command is normal, quite quickly after that the dismissal itself takes place, you receive an order of dismissal and you are free.
And sometimes not. Sometimes it happens that you can not find out what is there with your report, you are fed with some breakfasts and rumors. And the dismissal as it was not and is not.
In such a case, you should not wait for anything, but act.
If you still have hope that the issue can be resolved peacefully, then here your lawyer can send a lawyer's request to your military unit with a request to inform at what stage is the consideration of your report and what decision on it was taken.
Well, if this did not help or you think that in your case will not help, then option 1 - to go to court with a lawsuit that you ask to oblige the military unit to make a decision on your dismissal.
There is no need to be afraid. Very often this is the only way to get your dismissal.
Moreover, it often happens that as soon as the lawsuit went to court with an undisputed situation, the military unit immediately dismisses you without even waiting for the end of the trial.
How it will be in your case, no one knows in advance, but the order of action is always the same - a report, a lawyer's request and the court.
Dismissal from the AFU has happened, what to do next
The military unit will tell you to go and register with the TCC and the SP.
Yes, you are indeed legally obliged to do this. But do not hurry. First find out if you have a deferment from mobilization, write a letter of deferment, collect all the documents and come to the military commission prepared.
Otherwise, it may turn out that you quit yesterday, and today you received a new summons to be sent. And let's go round and round.
The fact that you had the right to be discharged does not guarantee that you have a deferment from mobilization.
There is no period of time until a new mobilization after dismissal.
When you come to the military registration office after dismissal, you are a person with combat experience and a very desirable candidate for new mobilization. You need to understand this and be ready for it.
And for untimely registration in TCC and SP after dismissal you will face an administrative fine, but for failure to appear on a new summons to send you - criminal liability.
Therefore, go to the military enlistment office prepared.
If you are more interested in this topic, write about it in the comments, it deserves a separate video.
What you can not do if you want to leave the military service
No matter how much you do not want it, but you do not have the right to submit a report for dismissal and further not to report for military service. You are considered dismissed only if you have a dismissal order in your hands. And if there is no order and even if your command delays this process and you leave the military unit unauthorized or do not return from vacation, it is 100% criminal case of desertion. Therefore, having started the process of dismissal, bring it to the end. No matter how difficult it may be.
Report of dismissal from the AFU, drawing up a report on discharge from the military service, report to the military service - is a thing that every lawyer hears every day now.
