Defending the Homeland, independence, sovereignty, and territorial integrity of our country is a Constitutional obligation of all citizens of Ukraine without exception, as provided by Article 65 of the Constitution of Ukraine and Part 1 of Article 1 of the Law of Ukraine "On Military Duty and Military Service."
While the military duty of every man in Ukraine is constitutional, recently, in the context of the anti-terrorist operation (ATO), joint forces operation (JFO), and in response to the armed aggression of the Russian Federation against Ukraine, which began in our State on February 20, 2014, with the military operation of Russian armed forces seizing part of Ukraine's territory—the Crimean Peninsula—some officials, military leaders, and their subordinates often grossly violate the lawful rights and guarantees of those individuals to whom this duty applies.
Such individuals include pre-conscripts and sometimes their parents, conscripts and individuals serving mandatory military service, individuals subject to the Law of Ukraine "On Mobilization Training and Mobilization," as well as those serving in the army under contract (contract soldiers), military personnel, and personnel of the AFU who are associated with the armed forces solely through employment relationships, as well as citizens of draft age in general.
Territorial service centers for recruitment and social support (TSCRS) were formerly military commissariats, elements of the AFU structure responsible for the duty of recruiting soldiers for Ukraine and individuals willing to serve in the armed forces under contract, as well as summoning citizens for military service due to the fulfillment of military duty and directing military personnel to places of military service and/or deployment of various combat units of our State's armed forces.
Military personnel and conscripts constitute a special category of citizens whose legal relationships are regulated by separate legislation, statutes of the Armed Forces of Ukraine, as well as specific normative documents regulating legal relationships of military personnel and service in the ranks of the AFU as a whole.
It is not advisable to delay matters concerning military service. Seeking timely advice from an experienced specialist in such matters can often be crucial, especially given the current state of affairs, political and military situation in Ukraine. Our State takes the obligation of citizens to undergo military service very seriously.
In light of this, it is important not to postpone the resolution of your issue and to seek consultation from a lawyer specializing in military affairs right now to safeguard yourself from unforeseen situations in the future.
To protect your rights in case of disputes related to military service in the Armed Forces of Ukraine, an experienced lawyer with knowledge of military legislation, also known as a "Military Attorney," is essential.
If you have doubts about the legality of actions taken or decisions made regarding you or your loved ones by elements of the Armed Forces of Ukraine, or if you feel that you are not being heard at a certain territorial service center for recruitment and social support (TSCRS) – military commissariat, don't hesitate to contact the legal company "Monarch Business Consulting" for legal assistance and protection of your rights, guarantees, and interests without delay.
We assure you that not only will you be attentively listened to, but your concerns will also be clearly understood, and they will review and make decisions on your matter lawfully and substantiatedly.
Please note that timely seeking legal assistance from an experienced attorney with knowledge of military law can help you obtain deferments from service and conscription through mobilization, terminate a contract, be discharged from service if circumstances allow, or reclaim lawful funds, privileges, and rights.
free "verbal" consultation for up to 10 minutes, without document review, by appointment only, available only on Fridays.
unlimited duration verbal consultation, without document review, by appointment.
unlimited duration verbal consultation with document review, by appointment.
development and composition by a military attorney, as well as submission of written statements, petitions, or complaints regarding actions or inaction of AFU personnel or officials of territorial service centers for recruitment and social support in accordance with the Law "On military duty and military service" and the Law "On mobilization training and mobilization."
development, writing, drafting, and submission by a military attorney of an administrative claim (statement of claim) regarding actions or inaction of AFU personnel or officials of territorial service centers for recruitment and social support in connection with a public law dispute in accordance with the Law "On military duty and military service" and the Law "On mobilization training and mobilization."
actions of an attorney for the defense of rights, freedoms, guarantees, and interests of an individual during the consideration of a military case in the court of first instance.
actions of an attorney for the defense of rights, freedoms, guarantees, and interests of an individual during the consideration of a military case in the appellate court.
actions of an attorney for the defense of rights, freedoms, guarantees, and interests of an individual during the consideration of a military case in the cassation court.
additional fee for services on the second and subsequent court days.
transportation expenses, travel costs, postage expenses, and court fees are not included in the service cost.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
- The partner of the company is a professional practicing attorney in Ukraine, the founder and manager of the law firm "Solohub and Partners". He is a former civil servant who previously served as an assistant to a judge in the criminal cases and administrative offenses chamber of the Vinnytsia Court of Appeal for over 4 years. He is also a reserve officer with the rank of lieutenant in the ground forces of the Armed Forces of Ukraine and is fluent in English.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, and the interests of citizens, foreigners, or stateless persons in the fields of migration, criminal, and military law. He skillfully provides defense and legal assistance in cases of administrative offenses.
- The partner of the company is a professional practicing attorney in Ukraine, providing legal services on an individual basis. They are a former law enforcement officer and hold the rank of police сaptain. They served as an officer in the Main department of the National police of Ukraine in Odessa region for over 10 years. They are also a reserve officer, holding the rank of lieutenant in the land forces of the Armed Forces of Ukraine.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens and stateless persons in the fields of criminal, administrative, military, and labor law. They skillfully provide defense for individuals and offer legal assistance in cases related to administrative offenses.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
- The partner of the company is a professional practicing attorney in Ukraine, the founder and manager of the law firm "Solohub and Partners". He is a former civil servant who previously served as an assistant to a judge in the criminal cases and administrative offenses chamber of the Vinnytsia Court of Appeal for over 4 years. He is also a reserve officer with the rank of lieutenant in the ground forces of the Armed Forces of Ukraine and is fluent in English.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, and the interests of citizens, foreigners, or stateless persons in the fields of migration, criminal, and military law. He skillfully provides defense and legal assistance in cases of administrative offenses.
- The partner of the company is a professional practicing attorney in Ukraine, providing legal services on an individual basis. They are a former law enforcement officer and hold the rank of police сaptain. They served as an officer in the Main department of the National police of Ukraine in Odessa region for over 10 years. They are also a reserve officer, holding the rank of lieutenant in the land forces of the Armed Forces of Ukraine.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens and stateless persons in the fields of criminal, administrative, military, and labor law. They skillfully provide defense for individuals and offer legal assistance in cases related to administrative offenses.
According to the Ukrainian Law "On military duty and military service," citizens aged 18 to 27 who do not have grounds for deferment or exemption from conscription are subject to call-up. Males without higher education will serve for 18 months, while those with a specialist or master's degree will serve for 12 months.
The legislation of Ukraine provides for a comprehensive list of citizens who are eligible for deferment from military service in the Armed Forces. These categories include:
- Men who have two or more children or a pregnant wife;
- Full-time students of vocational schools (PTUs) and universities, as well as students of seminaries;
- Conscripts who are the sole breadwinners in their families;
- Educators, medical professionals, clergy, police officers, and individuals in the reserve.
- The complete list of grounds for deferment from conscription for military service is specified in Article 17 of the Ukrainian Law "On Military Duty and Military Service."
At the same time, complete exemption from military service can be granted to citizens who:
- Are deemed unfit due to health conditions;
- Have reached the age of 27 (on the day of departure for conscript service);
- Completed service in other states before acquiring Ukrainian citizenship, fulfilled duties in the military reserve during the terms of 1 and 2 contracts;
- Attained officer (commander) military (special) ranks after graduating from higher educational institutions;
- Have been convicted of a crime resulting in imprisonment or restricted freedom, including exemption from serving the sentence;
- Conscripts whose close relatives died, passed away, or became disabled during military service or military training of military duty holders.
Individuals not falling under these categories are subject to mandatory conscription for military service.
The decision to grant deferment or exemption from military service due to health conditions is made solely by the draft board based on a military medical examination, after a mandatory medical assessment and the issuance of a relevant decision by the military medical commission.
Generally, full exemption from general military duty is granted to young individuals with severe evident pathologies, such as limb absence, blindness, deafness, intellectual disability, schizophrenia, and so on.
In most other cases, it's not about exempting the conscript due to unsuitability for service, but rather about the necessity for treatment, upon which a deferment is granted and a subsequent medical examination is conducted.
Detailed information regarding an exhaustive and up-to-date list of medical conditions that grant the right to exemption from conscription can be found in the "Schedule of diseases" list approved by Order No. 402 of the Minister of Defense of Ukraine dated August 14, 2008.
According to the decision of the National Security and Defense Council of Ukraine, conscripted military personnel are prohibited from being involved in carrying out combat tasks in the area of the Joint Forces Operation ("JFO," formerly known as the "anti-terrorist operation").
For violations of the legislation regarding military service in Ukraine, both administrative and criminal liability are provided.
Administrative penalties are imposed for failure to appear at the military enlistment office. The first instance of failure results in a fine ranging from 85 to 119 hryvnias, and subsequent instances can result in a fine ranging from 170 to 255 hryvnias.
Regarding criminal liability for evading conscription into the compulsory military service, it is stipulated by Article 335 of the Criminal Code of Ukraine and entails punishment in the form of imprisonment for up to three years.
Each individual situation is unique, and both the conscription process for citizens into compulsory military service and service in the Armed Forces of Ukraine under a contract have their legal vulnerabilities, which are known only to lawyers specializing in military matters.
Indeed, in the legal battlefield, the soldiers of "Monarch Business Consulting," our lawyers, in most cases, achieve well-deserved and anticipated victories, as they possess a higher-quality professional arsenal, better legal training, practical experience in conducting legal operations, and a professional orientation in the processes of attack and defense when resolving military matters.
Therefore, we can assure you that there are no hopeless situations in military matters or predetermined losses in wars.
