Dismissal from military service during the war. Grounds, procedure and appeal of inaction

• Grounds for dismissal from military service during the war
• Dismissal from military service for health reasons
• Dismissal from military service for family reasons or other valid reasons
• Interesting nuances
• Important Tips

There is a war in the country, intensive hostilities have been going on around the clock since February 24, 2022. It was then that the Russian Federation decided to make a full-scale invasion of the territory of our country in all possible directions, using missiles, artillery, aircraft, ships, while neglecting not only its own laws and international agreements, but even the laws and customs of war.

The team of the Alibi law firm is infinitely grateful to all the soldiers, volunteers, doctors and all those involved who helped defend the invasion then, and brings our Victory closer now. We help in word, deed, and money, and today we are publishing an up-to-date article on the topic of dismissal from military service during the war in order to somehow help military personnel, understand the grounds and procedure for dismissal, what documents are needed and how to appeal against inaction commander.

At present, there has been a significant increase in requests to our company from the military and their families regarding advice on dismissal, and it was unusual that many of them believed that it was impossible to leave the service during the war, even with sufficient grounds for this. We hope that our clarifications will help everyone who has the desire and reason to retire from military service, and if it is necessary to focus in more detail on your particular case, then we suggest that you seek advice from Alibi Law Company

Grounds for dismissal from military service during the war

The Law of Ukraine "On military duty and military service" contains information on conscription, passing and dismissal from military service. We advise all servicemen to read the text of the law, if this has not already been done before - there is a lot of interesting things there, besides information about the dismissal.

And here is the list of grounds for dismissal from military service during the martial law regime for conscripted military personnel:

• • by age
• • for health reasons
• • in connection with the entry into force of the judgment of conviction
• • for family reasons or other good reasons

Before moving on to the most popular issues of dismissal for health reasons and for family reasons or other valid reasons, we want to note that the law spells out separate grounds for the dismissal of military conscripts and those who, for example, belong to the personnel service or serves under a contract - there are different nuances in relation to each category. For example, if a contractor is from among foreigners and stateless persons, he can resign of his own free will, or a contractor cannot be dismissed for the maintenance of three minor children, as is provided for a military conscript. By the way, these changes to the law were adopted by the Verkhovna Rada after a full-scale invasion, so, perhaps, over time, other grounds for dismissal may appear, or, for example, if martial law is changed for a special period.

Dismissals from service by age, more precisely, in the event of reaching the age limit for military service, also have nuances depending on the presence of a special period. And while this period lasts, this age limit is equal to the age limit for being in the reserve and in the military reserve, which is 60 years (except for senior officers, that is, generals, who have it 65 years old)

So, the greatest interest now is in dismissal for health reasons and for family reasons or other valid reasons. Let's consider them separately and in as much detail as possible.

Dismissal from military service for health reasons

The Law of Ukraine "On military duty and military service" says that dismissal for health reasons can be based on the conclusion (decree) of the military medical commission on unfitness or limited suitability for military service. This applies to both conscripts and contract soldiers.

By the way, the activities of military medical commissions are regulated by the Order of the Ministry of Defense of Ukraine No. 402 "On approval of the Regulations on military medical examination in the Armed Forces of Ukraine", the nuances of which we have already considered earlier in the wonderful article "Military Medical Commission - VLK. The order of review in the military registration and enlistment office. Order No. 402, list of diseases exempting from military service" - we recommend that you familiarize yourself.

Before you leave for health reasons, we also recommend that you familiarize yourself with the list of diseases that determine unsuitability for military service - they are given in Appendix 1. But we note right away that during the war, the list for dismissal includes only very serious illnesses that lead to to significant impairment of bodily functions. Appendix 2 of this order just indicates the manifestation of these violations, their course, severity and analysis indicators.

The desire to be dismissed from military service for health reasons is thought about in various cases, including both the call for the mobilization of sick people without a proper medical examination, and the receipt of illnesses, injuries and injuries associated with military service by completely healthy persons - but the procedure for dismissal from the service is possible only with the appropriate conclusion of the VVK. And in wartime, you can be in the category of limited fit and this will not be the basis for dismissal from service - only for transfer to another unit or to the rear, in addition, VLK determines limited suitability individually. Alternatively, according to the conclusion of the VVK on temporary unfitness, leave for health reasons can be granted within the period necessary to fully restore the functions of the organs and systems of the body (no more than one year), after which the issue of fitness for military service will be decided again at the next examination .

In general, the procedure for dismissal from service for health reasons looks like this:

1. Submission of a report for the passage of VVK
2. Passing an inspection of the IHC and obtaining a conclusion (decree)
3. Submission of a report on dismissal for health reasons with the conclusion (decree) of the VVK
4. Deciding on dismissal from military service

If, during the period of registration of the dismissal, the serviceman cannot perform official duties for health reasons, then a decision on release from official duties is also issued (up to 30 calendar days)

Even in this process, one should take into account the sending of the conclusions of the IHC to the military unit, where the personnel service draws up and sends documents to the relevant official, the issuance of an order to dismiss and its announcement by the relevant commander, the process of dismissal with the surrender of the position, removal from the lists of the military units and referrals to the territorial recruitment and social support center (military registration and enlistment office) at the place of residence (the person must arrive there within five days to be registered with the military, if there was no decision to remove from the military registration)

After submitting a report with the relevant documents, the commander of the military unit must make a decision, but at the moment the legislation does not regulate the issue of determining the timing of their consideration, therefore, it is customary to focus on the "Instruction on office work in the Armed Forces of Ukraine", approved by order of the General Staff of the Armed Forces of Ukraine dated 07 April 2017 No. 124 (as amended), where paragraph 3.11.6 states that documents that do not indicate the deadline for execution must be executed no later than 30 calendar days from the date of registration of the document in the military unit or institution in which he entered document. That is, the issue of dismissal must be considered within 30 calendar days.

During this process, moments may appear that are rather problematic for a serviceman or his relatives to solve, so we advise you to contact the Alibi law firm for advice on your case. How to draw up a report, what can be done if the boss ignores it, how to appeal an order or inaction, legal support and prompt response to violations of interests - the Alibi military lawyer will help you in these matters

Dismissal from military service for family reasons or other valid reasons

As noted above, the Law of Ukraine "On military duty and military service" indicates the grounds for the dismissal of military personnel passing:

• • military service
• • military service on the conscription of officers
• • conscripted military service during mobilization for a special period (military personnel and reservists)
• • contract military service
• • personnel military service

Specific grounds for the dismissal of each category of military personnel are also indicated:

• • in peacetime
• • during the special period
• • during martial law

And in general, there are many different options, where, for the same reason, one serviceman can quit for family reasons, and the other cannot. Therefore, we advise you to find your case in the law and make sure whether dismissal is possible under these individual circumstances. And most of all now they are interested in dismissal from military service on conscription during mobilization for a special period during martial law. And the list itself, relating to family circumstances or other valid reasons, can be divided into 2 groups (the first is associated with disability / serious illness of relatives and friends, and the second - with minor children)

Grounds related to disability/severe illness of relatives and friends:

• • in connection with raising a child with a disability under the age of 18
• • in connection with the upbringing of a child with a serious illness
• • in connection with the need to provide constant care for a sick wife (spouse), child, as well as their parents or wife (spouse)
• • in connection with the presence of a wife (spouse) from among persons with disabilities and / or one of their parents or parents of a spouse (spouse) from among persons with disabilities of group I or II
• • in connection with the need to exercise guardianship over a person with a disability recognized as incompetent by a court
• • in connection with the need for ongoing care for a person with a disability of group I
• • in connection with the need to provide constant care for a person with a disability of group II or for a person in need of constant care

Child related grounds:

• • due to pregnancy (female military personnel only)
• • due to parental leave (women only)
• • one of the spouses, if both of them are in the military service and have a child
• • military personnel raising a child on their own
• • stay in the maintenance of three or more children

It is interesting that the procedure for dismissal for family reasons or other valid reasons is not prescribed in any way in laws or separate legal documents (regulations) on military service, and each military structure has its own separate provision. Focusing only on the Regulations on the passage of military service by Ukrainian citizens in the Armed Forces of Ukraine, approved by Decree of the President of Ukraine No. 1153/2008 of 12/10/2008, one can not find information on dismissal from military service during martial law. But, guided by legal logic and focusing on information about the dismissal of military personnel from military service for family reasons, the algorithm of actions may look like this:

1. Submission of a report to the commander of the unit with the indicated grounds for dismissal for family reasons. Relatives of a soldier can also submit a letter of resignation
2. The commander of the unit sends a request to the territorial recruitment and social support center (military enlistment office) at the place of residence of the military family to check his family circumstances
3. The head of the military registration and enlistment office convenes a commission that checks the marital status for the grounds set out in the report
4. Those, in turn, based on the result of the check, make an inspection report and send it to the appropriate official who reviews the documents on the early dismissal of the serviceman and, if there are legal grounds for dismissal, he sends the necessary documents to the unit commander
5. The commander of the unit receives the documents and decides on the dismissal of the soldier from the service

This algorithm is not very complicated, but in practice there may be difficulties leading to a delay in this process due to inaction or even an unreasonable refusal. It is better to take care in advance of the availability of all supporting documents and their certified copies for submission to responsible persons or for further appeal against the actions or inaction of officials. It should be remembered that the grounds for dismissal from military service for family reasons or other valid reasons are quite clear and you need to confirm literally every phrase:

- if we are talking about a child with a disability, then you need a certificate confirming the appointment of social assistance with the category "child with a disability", a certificate of receipt of state social assistance for children with disabilities, an individual rehabilitation program for a child with a disability, or a medical report about a child with disability

- if we are talking about disability, then you need a certificate confirming the appropriate status, a pension certificate, a certificate confirming the appointment of social assistance, a certificate for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance, or a certificate from the military medical commission about unsuitability

- if we are talking about incapacity, then a court decision is required to recognize the person as incapable

- if we are talking about a serious illness without establishing disability, then a document issued by the medical advisory commission of a healthcare institution or a certificate of receipt of state assistance issued by the social protection unit is required. An approximate list of serious diseases, if it concerns a child: severe perinatal lesions of the nervous system, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute kidney failure IV degree, severe trauma, need for an organ transplant or palliative care, etc.

- if we are talking about family ties, a wife or a child - the necessary documents confirming this, for example: a birth certificate, a document on the relevant powers of a person (guardian, trustee, foster father or father-caregiver), a court decision on the establishment of guardianship , marriage registration certificate, documents with a common declared or registered place of residence (location), etc.

- if we are talking about the military service of one of the spouses, and this may be due to mobilization, contract or admission to a military educational institution / faculty / department / department - then a document confirming military service is required

- if we are talking about the independent upbringing of a child, then you need a death certificate of one of the child's parents or a court decision on recognition as missing or deprivation of parental rights of the mother or on divorce by determining the place of residence

Some interesting nuances from the law:

To be discharged for family reasons or other valid reasons, a soldier must not express a desire to continue military service. That is, from the moment the report is written until the moment of dismissal, it is not necessary to indicate in writing that there is even something remotely similar to the fact that there is a desire to continue serving. Given the circumstances, of course, but it is better not to agree with proposals to transfer to other units or take up another position - it is better not to write reports or provide written explanations / statements, regarding which one can indirectly conclude that one wants to extend the service.

There is also a strange rule in the law, according to which it is possible to extend the time of dismissal from service of a serviceman who has the right to do so if he performs tasks in the interests of the defense of Ukraine during the special period and is directly involved in the conduct of military (combat) operations. A decision to leave under these circumstances may take up to three months from the date such tasks are completed. It is unlikely that such a rule is used in practice, but if doubts about the commander or similar actions have already taken place, it is better to write a letter of resignation on vacation, on treatment or on rotation, until you are directly involved in the conduct of military (combat) operations. And the best option would be to consult with a military lawyer of the Alibi company! We are also ready for serious work, for example, appealing against orders or inaction of commanders, VVK, members of commissions and other officials. Our team has experience in interacting with government agencies, enterprises, institutions, organizations and a wide variety of institutions, there is a cell of our lawyers in different cities of Ukraine, there are specialists in various branches of law and their experience in solving legal and other issues and the ability to perform work related to registers , lawyer inquiries, legal and informational support online - all this will help you achieve your goal quickly and without problems, without going beyond the current legislation.

A few more important tips in addition:

The resignation letter must be submitted in two copies and one, which must be with a signature on receipt, should be kept for yourself. If this is somehow avoided, then it should be sent by Ukrposhta by registered mail with a description of the attachment - this will confirm receipt of this document, which may be required in the future.

If the deadline for consideration has expired, and there are no actions for dismissal, then you can contact the Department of Veterans Affairs, the Department of Defense, the prosecutor's office, the Commissioner of the Verkhovna Rada for Human Rights, or the court.

It should be understood that even if there are legal grounds for dismissal, a report has been filed on this matter and all possible deadlines have already expired, then you cannot arbitrarily leave the place of service without waiting for the dismissal order, because such actions can be qualified as a crime according to which provides for criminal liability.

Well, the most valuable advice is that if you are “in the field” and there are no conditions and time to fight the military bureaucracy, the best solution would be to do it all with the help of your representative by proxy or a lawyer. And by the way, Alibi law firm is always ready to defend your interests on any issues. Get in touch!