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Publication date: 21.05.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
The current legislation of Ukraine provides for the possibility to resign from the ranks of the Armed Forces of Ukraine. For this, it is enough to submit a report on dismissal from the Armed Forces. However, during martial law, release is often impossible or the procedure is too complicated. If you need to be dismissed from the Armed Forces, you should contact an experienced lawyer who will help you draw up a report on dismissal and monitor compliance with legislation.
Report on the release of the Armed Forces: what you need to know
In Ukraine, there is a provision on the completion of military service by citizens and the grounds for dismissal. However, in this document, there is no clear order of action during general mobilization and martial law. In practice, lawyers rely on the rules of dismissal for military personnel who are called up for military service. When dismissing, you must indicate the legal grounds for dismissal, otherwise the head of the TCC will refuse and inform the unit commander about it. A voluntary dismissal report will not allow dismissal from service. That is why legal support is required upon dismissal from the Armed Forces. Only an experienced lawyer will be able to properly prepare a contract discharge report and obtain approval from the TCC.
Report on dismissal from military service: legal grounds
Sample reports of the Armed Forces of Ukraine will help to draw up a report on dismissal from the Armed Forces of Ukraine in accordance with established norms. But it will not be possible to get the approval of the report without reasons. Compiling a report on dismissal from the Armed Forces is possible only on certain grounds:
The serviceman has a spouse/husband with a disability, one of his or her parents or a partner's parents with the first or second group of disabilities. At the same time, such persons are not mobilized, they serve only at their own will.
Important family circumstances. Resignation from the Armed Forces will be allowed by a valid reason — loss of breadwinner, birth of a third child, etc. In this case, the soldier submits a report on dismissal from the Armed Forces or a relative can do it. In this case, the commission checks the family status of the relatives and the person may be given the possibility of early release.
Health status. Compiling a report on dismissal from the Armed Forces requires passing a military expert commission. It provides an opinion on whether a person is fit for service after being injured or suffering from an illness.
Dismissal report: in what order it is considered
Compiling the report is not the only step; you need to wait for consideration. That is, the release will consist of the following stages:
A serviceman submits a report to the Armed Forces to the commander of a military unit, who must send a request to the TCC and SP within three days.
The head of the regional TCC appoints a commission that checks the legal basis after ten days.
The commission has three days to consider. If legitimate reasons are found, then this data is transferred to the commander.
The decision to sign the dismissal report is made by the headquarters of the Armed Forces no later than three days after the submission of the documents by the unit commander.
Why do you need legal support when you are dismissed from the Armed Forces
Finding a sample resignation letter and writing your own is very easy. But with this approach, you can get a rejection. When drawing up the report, the specialist will include references to the current legislation in the document. In this case, the TCC will not be able to refuse the dismissal, and the military officer will be able to appeal the decision in court.
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