According to the provisions of the Law on Military Duty and Military Service, the issue of dismissal of servicemen, especially those who are in the service during mobilization, remain quite complicated and ambiguous, in particular when it comes to reaching retirement age. According to the latest court decisions, servicemen who serve for conscription during martial law cannot count on dismissal due to the achievement of retirement age, even if they are entitled to retirement.
The problem was considered in the context of case No. 420/30545/23, where the plaintiff, a participant in hostilities, appealed to the military unit with a request for dismissal due to the achievement of retirement age. He relied on Article 115 of the Law on Compulsory State Pension Insurance, believing that he is entitled to an early pension and may be dismissed.
However, the courts of first and appellate court refused to satisfy the claim. The Cassation Administrative Court confirmed that under the legislation of Ukraine, the grounds for the dismissal of servicemen by age are not provided during mobilization and martial law.
Key points that determine the legal position
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The process of service during mobilization: according to Part 10 of Art. 26 of the Law on Military Duty and Military Service, if a serviceman is entitled to a pension for years or is a veteran of war, he may be dismissed from military service after reaching a certain age. However, this happens only in peacetime when there is no martial law. For the plaintiff who was called to the service during mobilization, these provisions are not applied.
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Rules for contract servicemen: in accordance with paragraph 5 of Art. 26 of the Law, contract servicemen can only be released by age only in peacetime, upon reaching the age of age for military service. However, in martial law, these rules do not apply.
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The transition to a pension is not a ground for dismissal: the Court of Cassation stressed that the appointment of a pension by age, even on the basis of Art. 115 of the Law on Pension Insurance, is not a sufficient ground for dismissal from military service during mobilization. Mobilization and martial law do not allow such grounds for release.
Thus, the courts confirmed that servicemen who serve for call during mobilization in martial law cannot be released due to the reach of retirement age. This is due to the need to perform duties during a special period, when dismissal from military service is limited to the current legislation. The release on the basis of age is only possible in peacetime when it comes to contract servicemen or personnel military, for which specific rules in the peaceful period are established.
