REALIZATION OF THE RIGHT TO DISCHARGE FROM MILITARY SERVICE UNDER MARTIAL STATE: PROBLEMS OF LAW ENFORCEMENT PRACTICE
DOI:
https://doi.org/10.17721/1728-2195/2025/1.129-12Keywords:
discharge from military service, grounds for discharge, family circumstances, the need for constant care, independent upbringing, stepfatherAbstract
Background. The article is devoted to highlighting the problems of law enforcement in the context of exercising the right to be exempted from military service under martial law.
Methods. The following methods were used in the work: observation; putting forward hypotheses and theories; analysis; synthesis; abstraction; modeling.
Results. Problems that potentially affect the exercise of the right to be exempted from military service are identified. Among them is the lack of clarity of legal norms at the level of laws and subordinate regulations, which causes distortion of their content by military units. In addition, an obstacle to the effective protection of the right to discharge is the peculiarity of administrative proceedings, which allows courts to only conclude on the existence of such a right and oblige military units to consider the report taking into account the court's conclusions. Proposals and recommendations are made to improve the regulatory and legal regulation of the grounds for discharge from military service. The legal facts that require proof for discharge on certain grounds are emphasized.
Conclusions. The amendments made to Article 26 of Law No. 2232-XII are generally aimed at reducing cases of abuse of the right to discharge from military service. A negative aspect is still the absence in the said Law of a ground for discharge in connection with continuous military service for a period of at least thirty months. A positive point is the clear separation into a separate ground for discharge of the need to care for a spouse (husband), who is a person with a disability of group III. At the same time, in part 12 of Article 26 of the Law of Ukraine No. 2232-XII there are a number of inaccuracies, in particular regarding the concepts of "child support", "child upbringing". The presence of adoptive parents in paragraph 7 of this part also seems
inappropriate and illogical. Coordination with social legislation requires grounds related to the provision of care for persons with disabilities.
References
Analysis of the state of administration of justice by administrative courts in the first half of 2024 [in Ukraine]. https://supreme.court.gov.ua/userfiles/media/new_folder_for_uploads/supreme/sud_pract/Analiz_zdiisnen/nia_pravosuddia_KAS_VS_per_pivr_2024.pdf
Cabinet of Ministers of Ukraine. (2023). Some issues of organizing the provision of social and medical services to victims of industrial accidents and occupational diseases who need them. Resolution of April 28, 2023 No. 438 [in Ukraine]. https://zakon.rada.gov.ua/laws/show/438-2023-%D0%BF#Text.
Chernivtsi District Administrative Court. (2024). Decision of 05/17/2024 in
case No. 600/530/24-а [in Ukraine]. https://reyestr.court.gov.ua/Review/119100302.
Chernivtsi District Administrative Court. (2024). Decision of 30 July 2024 in case No. 600/1549/24-а [in Ukraine]. https://reyestr.court.gov.ua/ Review/120694549.
Chernivtsi District Administrative Court. (2024). Decision of October 4, 2024 in case No. 600/3012/24-а [in Ukraine]. https://reyestr.court.gov.ua/Review/122095729.
Kirovohrad District Administrative Court. (2024). Decision of September 03, 2024 in case No. 340/3324/24 [in Ukraine]. https://reyestr.court.gov.ua/Review/121354587.
Ministry of Social Policy of Ukraine. (2020). On Approval of the Classifier of Social Services. Order of June 23, 2020 No. 429 [in Ukraine]. https://zakon.rada.gov.ua/laws/show/z0643-20#Text.
Odesa District Administrative Court. (2024). Decision of October 14, 2024 in case No. 420/20668/24 [in Ukraine]. https://reyestr.court.gov.ua/Review/122359161.
Supreme Court. (2018). Resolution of February 13, 2018 in case No. 361/7567/15-а [in Ukraine]. https://reyestr.court.gov.ua/Review/72288021.
Supreme Court. (2020). Resolution of January 30, 2020 in case No. 826/14930/18 [in Ukraine]. https://reyestr.court.gov.ua/Review/87297784.
Supreme Court. (2023). Resolution of December 14, 2023 in case No. 160/11228/23 [in Ukraine]. https://reyestr.court.gov.ua/Review/115666059.
Supreme Court. (2024). Resolution of June 5, 2024 in case No. 283/1199/23 [in Ukraine]. https://reyestr.court.gov.ua/Review/119579700.
Ternopil District Administrative Court. (2024). Decision of July 4, 2024 in case No. 280/2690/24 [in Ukraine]. https://reyestr.court.gov.ua/Review/120209949.
Verkhovna Rada of Ukraine. (1992). On military duty and military service. Law of Ukraine No. 2232-ХІІ of 25.03.1992 [in Ukraine]. https://zakon.rada.gov.ua/aws/show/2232-12#Text.
Verkhovna Rada of Ukraine. (2002). Family Code of Ukraine. Law of Ukraine No. 2947-III of 10.01.2002 [in Ukraine]. https://zakon.rada.gov.ua/laws/show/2947-14#Text.
Verkhovna Rada of Ukraine. (2015). On the Statement of the Verkhovna Rada of Ukraine "On Repelling the Armed Aggression of the Russian Federation and Overcoming Its Consequences": Resolution No. 337-VIII dated April 21, 2015 [in Ukraine]. https://zakon.rada.gov.ua/laws/show/337-19#Text
Verkhovna Rada of Ukraine. (2019). On Social Services. Law of Ukraine No. 2671-VIII of 17.01.2002 [in Ukraine]. https://zakon.rada.gov.ua/laws/show/2671-19#Text.
Verkhovna Rada of Ukraine. (2024). On Amendments to Certain Legislative Acts of Ukraine Regarding Specific Issues of Military Service, Mobilization, and Military Registration. Law of Ukraine No. 3633-IX dated April 11, 2024 [in Ukraine]. https://zakon.rada.gov.ua/laws/show/3633-20#Text
Additional Files
Published
Issue
Section
License
Copyright (c) 2025 Оксана Стадник, Оксана УГРИНОВСЬКА
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
