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Publication date: 12.01.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
In this article we will talk about dismissal from military service and new grounds for dismissal, which may appear for those who were mobilized during martial law, and which are planned to be introduced in the bill 10378.
- We will also talk about the grounds for dismissal, which they want to take away and on which perhaps very soon no one will be able to quit.
- Please note that here I will discuss only the grounds for dismissal for those who have been mobilized.
- These grounds may be different for contractors.
Limit of the term of military service, after which one can be dismissed
- Many military personnel who have been on the front lines since the beginning of the war are outraged that there is no end to it all.
- And ask when they will be able to leave military service and how much longer they have to serve.
- And now according to the current norms of Article 26 of the Law of Ukraine "On Military Duty and Military Service" there is really no deadline for military service.
- It turns out that if you are mobilized, you serve forever, until the war ends or you are killed. And of course this is unfair.
At the same time, the bill 10378 wants to provide for such a limit term.
- And now a person who has been mobilized, if this bill passes, will be eligible for discharge after 36 months of continuous service during martial law.
- Of course, the prospect of serving another 3 years will not please those who are mobilized now.
- But those who have already been fighting for several years will be quite happy. And this, if these amendments are adopted, will be their chance to quit, even if they have no other grounds for dismissal.
Dismissal from military service under new circumstances
- Bill 10378 plans to introduce several more grounds for dismissal of mobilized persons.
- Disabled persons of the 1st and 2nd group will have the right to dismissal. They did not have such a right before, although they had the right to dismissal for health reasons.
- Those who have been released from captivity may get the right to dismissal, provided that no criminal proceedings have been initiated against them.
- They also want to introduce such grounds for dismissal as redundancy, in connection with organizational measures, but it will affect only the top officers and some employees of the relevant services.
- They have added such grounds for dismissal as election as a people's deputy of Ukraine. However, I do not know how exactly this ground will help someone.
- For health reasons, age and in connection with the entry into force of a conviction by a court, which imposed a sentence of imprisonment, restriction of freedom or deprivation of military rank, the grounds for dismissal remained the same.
Dismissal from military service for family reasons, what will be canceled
And here here unpleasant changes are planned.
- They want to cancel such a circumstance for dismissal from military service, as dismissal for the reason of having a wife, a disabled person of the 3rd group.
- And that's a shame. Because many military men were dismissed for this very circumstance.
- The grounds for dismissal for the reason of having a wife, a disabled person of group 1, 2, or a parent or parents of a wife, a disabled person of group 1, 2, remains the same, but it was complicated.
- One thing was added. Now such disabled persons must choose a servicemember as a relative to care for them.
- But, in my opinion, this issue is solved quite easily by a notarized statement of the disabled person that he or she has chosen this military man as a relative who takes care of him or her.
And this is not all the changes.
Even guardians of incapacitated persons with disabilities have been affected by negative changes in the rules of dismissal from military service for family reasons. Previously, such persons had the right to dismissal regardless of the disability group of the incapacitated person. Now they plan to change this, and the right to dismissal of such persons will be only if the disability group 1 or 2. And I have a question, and if the incapacitated person has no disability group or it is 3, it turns out he will begin to realize his actions and does not need help. In general, it turns out strange.
The most serious changes may affect those who took care of a disabled person of group 1, or a disabled person of group 2, or those who have a certificate of the LCC that they need constant care, and those who are not relatives of the first degree of kinship in relation to the disabled person.
- That is, this could include grandchildren and grandmothers, as well as strangers, non-relatives, or more distant relatives who care for the disabled person.
- Right now, those who have a formalized caregiver for a Group 1 disabled person are eligible for termination, whether they are relatives or not.
- Those who are caring for a disabled person with a Group 2 disability or someone who needs constant care are entitled to dismissal, provided that such disabled persons have no other persons who can provide such care.
- But in the changes that are planned to be introduced, all disabled people who have no relatives of the first degree of kinship, i.e. no parents, children or husband or wife, will be left without protection and will be abandoned to their fate.
It will be impossible for a non-first-degree relative to resign to care for them.
- And also as an appetizer, they canceled the ground for dismissal by reason of the presence of the wife's parents, who need constant care, with formalized care for him.
- Due to the presence of their parents or spouse, who need constant care, provided that the person liable for military duty for them to formalize care, the basis for dismissal left.
- But the wife's parents were removed.
- They, according to the legislator, do not need protection.
- The other grounds for dismissal from military service for family reasons are planned to remain unchanged.
In this article I told about dismissal from military service and new grounds for dismissal, which may appear for those who were mobilized during martial law, and which are planned to be introduced in the bill 10378. We also talked about the grounds for dismissal, which they want to take away and on which it is possible that very soon no one will be able to dismiss.
Everyone now needs legal support at the military commissariat, penalty for failure to appear at the military commissariat, escort at the military commissariat is not all you can get hiding from the military commissariat.
