Mobilization in Ukraine: who can retire from military service during the war

20 June 2022, 15:53 | Ukraine
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Martial law has been introduced in Ukraine and general mobilization has been announced due to the Russian invasion. Even in this case, there are rules and conditions for the dismissal from service of certain categories of military personnel. Who exactly has this right is spelled out in the law “On military duty and military service,” the Legal Hundred reports on its Facebook page..

Dismissal from military service during the war: who and how can get it.

In Ukraine, the military, serving under a contract, in particular in the Territorial Defense Forces, and on mobilization, conscription of reservists, during martial law can quit under the following conditions:.

reaching the age limit in military service (60 years, and for senior officers - 65);

if there is a conclusion of the military medical commission (VVK) about unfitness for military service with an exception from military registration (the basis is not “limited suitability”, or “unfitness in peacetime, limited suitability in wartime”);

if a guilty verdict has entered into force, which is punished in the form of deprivation / restriction of will or deprivation of military rank.

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Dismissal for other reasons: who and how can do it.

If a service member has not expressed a desire to continue serving, then he/she may resign under the following family circumstances:.

raising a child with a disability under the age of 18;

raising a child with serious illnesses (for example, damage to the nervous system, congenital malformations, orphan diseases, oncology, cerebral palsy, mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic kidney disease IV degree);

raising a child in need of an organ transplant or ongoing palliative care;

the need to provide constant care for a sick wife (husband), child, as well as their parents or wife (husband) on the basis of the conclusion of a medical and social expert commission or a medical advisory commission, by a third person who, according to the indicated conclusions, requires such care, in the absence;

the need to supervise a person with a disability recognized by the court as incompetent;

pregnancy;

maternity leave for military women;

raising a child (children) under the age of 18 if the second spouse is also serving;

independent upbringing of a child (children) under the age of 18.

Specialists noted that those contractors who are foreigners or stateless persons can terminate the contract of their own free will..

Mobilized and drafted reservists, unlike contract soldiers, can also quit if:.

have a wife/husband with a disability;

have one of their parents (their own or a wife/husband) who is a person with a disability of group I or II.

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Can conscripts retire?.

Military personnel undergoing military service may retire after the announcement of demobilization. But some conscripts may quit without announcing demobilization if:.

unfit for military service on the conclusion of the VVK;

eligible for a deferral or due to a change in family circumstances;

the judgment of conviction entered into force, which imposed a sentence of imprisonment.

After the termination or lifting of martial law for contract soldiers and mobilized, drafted reservists, the grounds for dismissal provided for a special period will apply, unless the President decides to cancel it..

Who can quit volunteer formations of territorial communities.

Prior to the transfer of volunteer formations of territorial communities (VFTO) to the operational subordination of the commanders of military units of the Terrorist Defense Forces of the Armed Forces of Ukraine, the contract with their members can be terminated on the following grounds:.

contract expiration;



breach of contract or oath by a DFTO member;

at the own request of a member of the DFTO on the basis of an application;

conscription, military service;

signing a contract for service in a special purpose state body with law enforcement functions;

unsatisfactory state of health;

citizenship of another country.

Recall that in Ukraine there is another category of persons who are not subject to conscription into the army during martial law.




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