Publication date: 25.04.2024
lawyer, 23 years of experience in enforcement.
The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration," the main provisions of which will enter into force on May 18, 2024, provides for the following grounds for dismissal for mobilized persons during martial law.
Grounds for dismissal during martial law
1. by age - in case of reaching the maximum age for military service;
2. according to the state of health:
- on the basis of the conclusion (resolution) of the military medical commission on unfitness for military service or on temporary unfitness for military service with a review after 6–12 months;
- in the presence of disability (if servicemen have not expressed a desire to continue military service);
3. in connection with the entry into legal force of a guilty verdict of the court, which imposed punishment in the form of deprivation of liberty or restriction of liberty
4. at their own will (for servicemen from the number of foreigners and stateless persons who perform military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service and the National Guard of Ukraine), but not earlier than six months of their continuous military service;
5. in connection with release from captivity (if servicemen have not expressed a desire to continue military service);
6. in connection with the reduction of staff or the implementation of organizational measures - in case of impossibility of their use in the service (for persons of higher officer rank);
7. in connection with the end of the term of service (if the servicemen did not express a desire to continue military service) in the event of the expiration of the contract concluded during martial law;
8. in connection with the appointment (election) to the position of judge, judge of the Constitutional Court of Ukraine, member of the High Council of Justice, member of the High Qualification Commission of Judges of Ukraine, head of the service of disciplinary inspectors of the High Council of Justice, his deputy, disciplinary inspector of the High Council of Justice.
9. due to family circumstances or other good reasons, according to the list below (if servicemen did not express a desire to continue military service.
Family reasons or other valid reasons:
1. female servicemen - in connection with pregnancy;
2. female servicemen who are on leave to take care of a child until it reaches the age of three, as well as if the child needs home care for the duration specified in the medical report, but no longer than until it reaches the age of six;
3. wife, if both spouses are in military service and have a child (children) under the age of 18;
4. three or more children under the age of 18 are dependent on a serviceman, except for those who have alimony arrears, the total amount of which exceeds the amount of payments for three months
5. military personnel who have a child (children) under the age of 18, if the second parent of such child (children) is deceased, deprived of parental rights, recognized as missing or unaccountably absent, declared dead, serving a sentence in places of deprivation of liberty, as well as when the person independently raises and supports the child by court decision or the entry about the father of such a child in the Birth Registration Book is made on the basis of the first part of Article 135 of the Family Code of Ukraine;
6. military servicemen who are adoptive parents who have a child(ren) who, prior to the adoption, was/were an orphan(orphan) or a child(ren) deprived of a parent(s) care, under the age of 18, by guardians, custodians, adoptive parents, foster parents, foster carers, who are dependent on an orphan child (orphans) or a child (children) deprived of parental care, under the age of 18 ;
7. raising a child with a disability under the age of 18 by a military serviceman, in the absence of other persons who are obliged to raise him;
8. maintenance by a serviceman of an adult child who is a person with a disability of the 1st or 2nd group;
9. education by a military serviceman of a seriously ill child who has not been diagnosed with a disability, provided that such persons do not have other able-bodied persons obliged by law to support them;
10. the need to provide constant care for a spouse (husband) from among persons with disabilities of the I or II group;
11. the need to care for a wife (husband) from among persons with a disability of group III, established as a result of an oncological disease, the absence of limbs (limbs), hands (hands), feet (feet), one of the paired organs, or presence of a spouse (husband) from among persons with disabilities of the III group of oncological disease, mental disorder, cerebral palsy or other paralytic syndromes;
12. the need to provide constant care for one of his parents or the parents of his wife (husband), who is a person with a disability of the I or II group, provided that there are no other family members of the first or second degree of kinship of such a person or if other family members the first or second degree of kinship themselves need constant care according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution;
13. the need to provide constant care for a family member of the second degree of kinship who is a person with a disability of the I or II group, provided that there are no other family members of the first and second degree of kinship of such a person or if other family members of the first and second degrees of kinship themselves need constant care according to the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution;
14. in connection with the need to exercise guardianship over a person recognized by the court as incompetent, provided that such person is not being cared for (guardianship) by other persons.
Therefore, legal aid during wartime war will be useful and will help with dismissal from the Armed Forces, professionally prepare the necessary report, obtain the UBD, properly pass the VLK, etc. Legal advice during wartime, lawyer in wartime will professionally approach the solution of this issue, which will save the military serviceman time and nerves when going through the procedure of discharge from military service.
