Publication date: 16.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for dismissal from the Armed Forces of Ukraine during martial law based on the state of health
According to Art. 26 of the Law of Ukraine "On Military Obligation and Military Service", in particular, the release of military personnel from military service is carried out in wartime on the basis of the state of health - on the basis of the conclusion (resolution) of the military medical commission on unfitness for military service with exclusion from military service accounting
"Schedule of diseases, conditions and physical disabilities that determine the degree of suitability for military service" is contained in Appendix No. 1 to the Regulation on Military Medical Examination in the Armed Forces of Ukraine, approved by the Order of the Ministry of Defense of Ukraine dated August 14, 2008 No. 402.
Clause 233 of the Regulations on Military Service in the Armed Forces of Ukraine by Ukrainian Citizens, approved by the Decree of the President of Ukraine No. 1153/2008 of December 10, 2008, states that servicemen who wish to be discharged from military service must submit reports and documents confirming the reasons release. The reports indicate:
- grounds for dismissal from military service;
- the opinion of a serviceman regarding his desire to serve in the military reserve of the Armed Forces of Ukraine in the relevant military accounting specialty;
- the district (city) territorial center of staffing and social support, to which the personal file of a serviceman must be sent.
According to Clause 6.1 of the Regulation on Military Medical Examination in the Armed Forces of Ukraine No. 402, servicemen are sent for medical examination by their direct superiors from the commander of a separate unit, equal to him and above, by the management bodies and units of the Military Service of Law and Order of the Armed Forces of Ukraine, by the Prosecutor's Office, the court, by superiors garrisons, full-time VLKs, military medical institutions at the place of treatment, military commandants of garrisons and military commissars.
Refusal to refer a person to a medical examination to obtain a conclusion on unfitness for service is illegal.
It is possible to appeal against a refusal in accordance with Article 110 of the Disciplinary Statute of the Armed Forces of Ukraine for illegal actions / inaction against a serviceman by commanders or other servicemen.
In accordance with the provisions of the Disciplinary Statute of the Armed Forces of Ukraine, you can also apply in person or file a complaint to:
- officials, military management bodies, management bodies of the Law and Order Service and other state bodies;
- on other issues of official activity, except for those mentioned, to the immediate commander (chief), whose actions are contested;
- if the person who violates the rights is unknown, then the complaint is submitted in order of subordination.
Filing a complaint does not release a serviceman from the performance of official duties and orders of commanders (supervisors).
The actions of military commanders who refuse to refer a serviceman to a medical examination to determine fitness for military service may be qualified as an administrative offense, in particular under Articles 172-13 (abuse of power or official position, committed for selfish purposes or in other personal interests or in the interests of third parties persons) and 172-16 (other willful non-fulfillment of official duties by a military official) of the Code of Ukraine on Administrative Offenses.
Military personnel are examined by the VLK in military medical institutions according to the territorial principle. In addition, servicemen are examined by the VLK at the place of treatment, training, stay on a business trip, and at the place of vacation.
Based on the results of the examination, the VLC makes decisions in the form of resolutions.
Clause 240 of Regulation No. 1153/2008 stipulates that after the military unit receives the relevant conclusion (resolution) of the VLK that a serviceman is unfit for military service due to his health, documents on his dismissal from military service are drawn up and sent to the official who issues the dismissal order immediately .
Clause 242 of Regulation No. 1153/2008 establishes that after a military unit receives a written notification of a military serviceman's dismissal from military service or after issuing an order by the commander (chief) of a military unit on dismissal, a military serviceman must surrender his position within the established time frame and is subject to calculation, exclusion from personnel lists the composition of the military unit and referral for military registration to the district (city) territorial center of recruitment and social support at the chosen place of residence. Persons released from military service are required to come to the TCC and SP within 5 days for military registration.
Legal service "Consultant" provides legal assistance during the war and will select a specialist to assist in drawing up a report on dismissal from the Armed Forces, transfer to another unit, obtaining leave, obtaining UBD, etc. A lawyer in wartime, lawyer during hostilities, will provide assistance in resolving the above-mentioned issues and, accordingly, will monitor the accrual of the necessary payments upon dismissal, leave, etc. ( legal advice during wartime )
