Publication date: 18.04.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Not so long ago was adopted the law 3600 from 23.02.2024, according to which the conscript soldiers in Ukraine received the right to dismissal from military service. Whether it is so and whether all will be able to use it. We will discuss in this article.
Conscripts demobilization Ukraine
Yes, indeed, the law 3600 was added paragraph 7-1 to the final provisions of the Law of Ukraine "On Military Duty and Military Service", according to which all conscript soldiers whose term of service ended during martial law in Ukraine and was automatically continued, are dismissed from military service in the reserve.
And such persons may not be re-conscripted for military service within 12 months from the date of dismissal to the reserve, except if they themselves have expressed their voluntary consent to this.
And it turns out that conscripts in Ukraine are finally free.
I think that first of all it is worth explaining who conscripts are.
Now, during the martial law in Ukraine, compulsory military service has been canceled. And no one is called up for it.
But before the introduction of martial law in Ukraine it was there, and some of the persons liable for military service found themselves in the situation that they were called up for compulsory military service, and they were forced to fight and extended their term of service for an indefinite period of time.
Now this process has finally been resolved and such soldiers have been granted the right to be discharged from military service.
At the same time, those who were simply mobilized or those who signed a contract and serve as conscripts are not and they are not affected by this law.
Deferment from mobilization for dismissed conscripts
Very many military personnel who have been dismissed from military service fall into a trap. They receive an order of dismissal. They do not check whether they have the right to deferment from mobilization, go to register at the military registration office and immediately receive a new mobilization order.
They are valuable personnel with combat experience, and of course everyone wants to mobilize them at once.
And not everyone who, for example, has a parent with disabilities, has the right to defer mobilization.
Therefore, before registering in TCC and SP make sure that you have the right to deferment, take documents about it, send a letter for deferment in advance. And only then come to TCC and SP and get ready to defend your rights.
And remember that for untimely registration in TCC and SP you will receive an administrative fine, but for failure to appear on the summons to leave you will be criminally liable.
Knowing this practice, conscript soldiers also panicked. That as soon as they come to the TCC and SP, then immediately from the status of a dismissed conscript soldier will move to the status of mobilized. And there are already quite different grounds for dismissal, which not everyone has.
But here you need to know your rights.
And all conscripts in the case of an attempt to hand them a mobilization order in the military recruitment office should refuse to sign it, demand to draw up an act of refusal to sign, where the reason for refusal to indicate that according to paragraph 7-1 of the Final Provisions of the Law of Ukraine "On Military Duty and Military Service" they have the right not to be mobilized for another 12 months from the date of dismissal.
Mobilization order to a conscript for a period of one year and refusal to put him on the record
Many TCCs and SPs, seeing an enlisted man who wants to be registered and knowing that he is not subject to mobilization for another 12 months, start doing lawlessness.
They try to give the conscript a mobilization order for 13 or 14 months, and if the conscript refuses to sign it, they refuse to register him and do not give him a military card.
This is such a means of manipulation they have invented.
But it is not far-sighted.
And there are defenses against it.
First, learn to distinguish between a combat summons for dispatch and a summons for clarification of data. In the mobilization order, i.e. in the combat summons, it is always written to dispatch, or combat, or mobilization order, or to appear with things. And in the summons for data clarification it doesn't say that.
So, the summons for clarification of data can be given to you.
But the summons to dispatch do not have the right. Before handing you a summons they are obliged to invite you to clarify the data, to make sure that for this year you have no grounds for deferment, and only then, if they have not arisen, to issue a mobilization order.
Therefore, when trying to give you a summons to be sent "for the future", your task is to refuse to sign it, to demand to draw up an act of refusal to sign, where the reason for refusal to indicate that the military commission has no opportunity to clarify your data and look into the future for a year ahead, and it is impossible to assume whether you will have grounds for deferment in a year or not. Then turn around, leave, not appear anywhere on it and go to appeal it in court.
Secondly, learn to record everything. So that the claims are not against you for not registering, but against the TCC for refusing to fulfill its duties and illegally blackmailing you.
Come to the TCC with two phones, and discreetly on audio record their refusal to issue a military card and put you on the register.
Why two? One at the entrance can be taken away, it will be handed to them, and the second one will write everything inconspicuously at you.
If it came to the refusal to register, write a written statement to the TCC of approximate content: "I ask to put me on the military register, issue a military registration document. And I ask you to explain in writing the reasons for your refusal to put me on the military register after my refusal to sign an illegal mobilization order. I request a written response to be mailed to....."
Turn this all in to the Chancellery under stamp and signature. Or by mail valuable with a description of attachment and courier delivery.
The main task is that you have fixed that you have acted legally from your side and appeared there. And already TCC is shirking its duties.
Perhaps, already at this stage, the issue will be resolved.
And if not, you can make a lawyer's request to them. You can complain about them to the Ministry of Defense. And you can file a lawsuit in court and through the court to oblige them to put you on the register.
And it is also a reason to challenge any of their fines allegedly for not registering.
And there is no criminal liability for this at all and it does not threaten you.
But TCC employees may have problems.
Which of the conscripts will not be able to quit under the new law
Those of conscripts who have already had time to sign a contract, unfortunately, the right to dismissal under the new law will not get.
They since the signing of the law have lost their status of conscript. And received the status of a contract serviceman.
And now they are subject to the rules of dismissal from military service that apply to contractors. And the President didn't sign any law about contract servicemen.
Just as there are no grounds for dismissal of those who were not conscripts, but were simply mobilized during the martial law in Ukraine.
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