Ukraine may expand the list of persons eligible to retire early from military service during mobilization.
In the Verkhovna Rada has already registered the relevant bill. He must resolve the issue with the gap, which is now in the law on mobilization, writes Channel 24.
The fact is that after the announcement of the general mobilization, many men with disabilities voluntarily left to defend Ukraine from the invaders, but now their health has deteriorated significantly. Despite this, military personnel are not entitled to demobilization.
Important! Draft Law 8412 dated 02.02.2023 provides for amendments to Article 26 of the Law of Ukraine On military duty and military service and provides the right to retire from military service to persons with disabilities of group II.
They have the right to a deferment, but not to dismissal from service.
Consequently, there is a gap in Ukrainian legislation,since persons with disabilities of groups I, II and III are granted the right not to be called up for military service at all when mobilized under Article 23 of the law on mobilization training and mobilization.
What the Council suggests
According to the current laws, citizens with disabilities can be fired only on the basis of the conclusion of the military medical commission on unsuitability with exclusion from the register, but there is no such criterion as “disability”. A special document – the so-called alignment of diseases – includes only those diseases that can cause disability, but for most of them in wartime a person is fit for service. Therefore, this norm is actually proposed to be supplemented with a clarification that during martial law, the presence of a disability of group I or II is a sufficient independent basis, but on the condition that the defender does not want to remain in the ranks. That is, no one will be forcibly kicked out of the service.
The authors in the explanatory note to the bill noted that the General Staff comments with approval on such changes to the law.
The bill proposes to amend paragraph B of part 4 of article 26 of the Law, namely, to add the right to dismissal from service for persons with disabilities .
At the suggestion of the authors, it will sound like this: “for health reasons – on the basis of the conclusion (decision) of the military medical commission on unfitness for military service with exclusion from military registration or in the presence of a disability of group I or II, if the military personnel did not express a desire to continue military service “.
Who has the right to be discharged from military service
Servicemen during martial law or a state of emergency have the right to retire from service on the basis of paragraph 2 part four of article 26 of the Law of Ukraine “On military duty and military service:
a) by age – in case of reaching the age limit for military service;
b) for health reasons – on the basis of the conclusion (decree) of the military medicinal commission on unfitness for military service with exclusion from military registration; in the form of imprisonment, restriction of liberty or deprivation of military rank;
d) for such family reasons or other valid reasons (if the military personnel did not express a desire to continue military service):
- in connection with raising a child with a disability under the age of 18;
- in connection with the upbringing of a child with 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 or IV degree kidney disease, a child who has received a serious injury, in need of organ transplantation, in need of palliative care, confirmed by a document issued by the medical advisory commission of a healthcare institution in the manner and in the form established by the central executive authority, which ensures the formation and implementation of state policy in the field of healthcare, but which is not disability is established;
- in connection with the need to provide constant care for a sick wife (husband), child, as well as his parents or wife (spouse), which is confirmed by the relevant medical opinion of the medical and social expert commission or the medical advisory commission of the healthcare institution;
- in connection with the presence of a wife (spouse) from a person with a disability and/or one of their parents or parents of a wife (spouse) from a person with a disability of group I or II;
- due to the need for guardianship of a person with a disability, recognized by the court as incompetent;
- in connection with the need for ongoing care for a person with a disability of group I;
- in connection with the need for constant care for a person with a disability of group II or for a person, at the conclusion of a medical and social expert commission or a medical advisory commission health care institutions require constant care, in the absence of other persons who can provide such care;
- women in the military due to pregnancy;
- women in the military who are on leave for caring for a child until they reach the age of three, and also if the child needs home care for the duration determined in the medical report, but not more than until they reach the age of six;
- one of the spouses, both of whom are undergoing military service and have a child (children) under the age of 18;
- military personnel who independently raise a child (children) under the age of 18;
- and three or more children under the age of 18.
