Lawyer explains who has the right to leave the army even during martial law

During martial law in Ukraine, demobilization is generally not provided for. However, the legislation clearly stipulates exceptions that allow both mobilized and contract soldiers to leave service. This was stated by Serhiy Lankin, a lawyer at the Globa and Globa law firm.

According to him, dismissal is possible in cases stipulated by Article 26 of the Law of Ukraine “On Military Duty and Military Service.” These are individual circumstances related to the family, health, or changes in the legal status of a serviceman.

In particular, this concerns the need to care for disabled relatives, support three or more children, raise a disabled child on your own, or cases where the soldier's wife is pregnant. If the soldier has returned from captivity or has serious health problems confirmed by a military medical commission, he may also be released.

Contractors who signed a contract before the start of a full-scale war can only be released after it ends. On the other hand, those who signed a contract already during martial law, for example in 2022 for three years, will be able to be released in 2025 after the end of the term.

The contract can also be terminated early for the same reasons - health or family circumstances. In the case of foreign citizens, the contract can be terminated at any time after six months of service.

After being released from service, a person must register with the Central Military Commission and the Joint Service and is transferred to the reserve. If they have not been released from captivity, they may be remobilized in the future.

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