Publication date: 15.03.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Persons liable for military service should be understood as persons who are in reserve to staff the Armed Forces of Ukraine or other military formations in order to perform certain tasks aimed at the defense of the state. In order to determine the available mobilization resources of the state and their accumulation, military records are maintained, consisting of three components, namely: records of conscripts, those liable for military service and reservists. This record keeping is carried out on the basis of the citizen’s passport and his military registration documents. At the same time, current legislation provides for the possibility of being removed or even excluded from such registration on certain grounds. The concepts of “removal” and “exclusion” should be distinguished, because in the first case we will be talking about temporary measures, the consequence of which is not the loss of the status of a person liable for military service, and if a person is excluded from the register, then he will not be considered liable for military service.
Analysis of the grounds for removal or exclusion from military registration:
Since military registration includes three components, the grounds for removal should be noted separately regarding conscripts, those liable for military service and reservists. The grounds for knowing conscripts are: change of location within Ukraine, that is, a new place of residence, travel outside of Ukraine for a period of more than 3 months, registration as persons liable for military service, receipt of certain military ranks, or termination of alternative service in connection with its completion, as well as performing duties in the military reserve for two contracts. As for a more pressing issue, namely the deregistration of those liable for military service, the legislation establishes the following grounds: change of place of residence within Ukraine, acceptance into service in the State Intelligence Bureau, National Police, EBI and other bodies, units, travel outside of Ukraine for a period exceeding 3 months, etc. As for the deregistration of reservists, the grounds will be similar to the previous ones, except that reservists dismissed from service in the reserve and who have not reached the age limit for being in the reserve will also have the opportunity to deregister in other aspects. In turn, to be excluded from registration, at least one of the following grounds must be present: conscription, or acceptance into military service, service in military educational institutions (professional higher, higher, or educational departments of universities), recognition as unfit for service and exclusion from registration (unsuitability must be established as a result of passing the VLK), reaching the maximum age for being in the reserve, termination of citizenship, conviction for committing serious or especially serious crimes to punishment in the form of imprisonment, assignment to serve sentences, death of a citizen, or his recognition unknown missing, announcement of the dead.
Procedure for withdrawal and exclusion from accounting:
1. If it has been established that the above-mentioned grounds for removal or exclusion exist, then it is necessary to collect the following documents: an application in which the grounds for removal will be substantiated, exclusions, a passport, documents that will act as evidence of the grounds specified in the application, as well as military records documents (for those liable for military service, such documents are a military ID or temporary certificate).
2. Next, you should submit the collected documents to the TCC and SP. It should be noted that deregistration or deregistration is carried out in the presence of a conscript, a person liable for military service or a reservist, with the exception of certain cases.
3. Having received the documents and analyzed them, the TCC and the joint venture make a decision to exclude or remove the person from the register. The decision can be taken by both the applicant himself and his representative. If a person was unreasonably denied removal or exclusion, then the decision of the TCC and SP can be appealed by going to court. The case will be considered within the framework of administrative proceedings.
Legal advice when deregistering or deregistering:
Consultation with a lawyer, as well as a legal analysis of the situation, may be required at any of the above-described stages of deregistration or deregistration, since high-quality legal support in the process of collecting documents for their submission, interaction with the TCC and joint venture will help increase productivity. A legal opinion from a lawyer may also be needed in the event of an unfounded refusal, because in this case it is necessary to implement an appeal procedure, including going to court.
