REALIZATION OF THE RIGHT TO DISCHARGE FROM MILITARY SERVICE UNDER MARTIAL STATE: PROBLEMS OF LAW ENFORCEMENT PRACTICE

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.