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Not all military will be released abroad on vacation: who is forbidden to leave during the war - a lawyer

The military can get vacations and go abroad in certain circumstances. However, there are cases where soldiers are denied this right. Lawyer Olga Marko explained the focus why this happens and what to do in this case. Ukrainian servicemen are entitled to several types of vacations during martial law. They can use part of the annual basic vacation - no more than 30 calendar days a year. The vacation is granted in parts, but at least 15 calendar days at a time.

It is also a prerequisite for providing it at a simultaneous absence of no more than 30% of the total number of fighters of the relevant unit, while the time of participation in hostilities is not a criterion for leave. There are also family leave and for other valid reasons - no more than 10 calendar days, there are no restrictions on the number of vacations per year.

Therefore, the military may be asked every time to receive this case in the event of family or other valid reasons that require its presence. Such reasons may be: it is important that the circumstances have documentary confirmation. Other types of vacations include: additional leave for destroyed equipment - no more than 15 calendar days a year, but the procedure for granting and duration of leave is separately regulated by the Cabinet of Ministers No. 585 of May 21, 2024.

This vacation can be granted at the same time as providing part of the annual basic. The number of days is determined by the type of destroyed equipment and ranges from 1 to 5 days. Due to pregnancy and childbirth - 70 calendar days before childbirth and 56 calendar days after. A woman can get 70 calendar days after childbirth in case of complication or birth of two or more children.

To care for a child - before reaching the age of three years or when needed home care duration, determined in the medical report, but not more than until she is six years old. The leave is granted to one of the parents of the child if both of them are servicemen. For treatment due to illness or after injury on the conclusion of the VLK - for the period specified in the conclusion of the medical commission (30 to 60 days with the possibility of continuation in the presence of medical indications).

Holidays for cadets - no more than ten calendar days (winter), no more than 20 calendar days (summer). The leave can only be granted to the cadet after liquidation of the debt, if any. However, the duration of the summer may not be less than 15 calendar days. According to the lawyer of NGO "Legal Sonia" Olga Marko, in order to receive leave, the military must submit the appropriate report to the direct commander. The support documents must be added to the report if the type of vacation needs it.

The commander is seeking the essence of the report to the higher command, while in the event of approval, the commander of the military unit is issued to grant leave. "The military who serves on vacation must be issued a holiday ticket. When arriving at the place of leave, you need to register in the Tax Code and JV or SPP, and the day before the departure to the place of service to withdraw from the account," - says Focus Olga Marco .

She noted that servicemen were given additional time for travel within Ukraine to the place of leave and back, but not more than two days one way. The number of days is determined by the distance to the place of leave: the military can go abroad during the leave. However, it is important to obtain command permission and relevant documents that confirm it.

"Therefore, if the military would like to go abroad during the vacation period, for example, due to the fact that his family now lives there, he needs to indicate it in his report. What kind of country the military plan to go. According to her, in the case of a positive decision in the order for granting leave and holiday ticket, they additionally state that the military is granted the right to travel abroad. The SPSU may refuse the border crossing without these documents.

According to the rules of crossing the state border by citizens of Ukraine, the military can leave during martial law in the following situations: Olga Marko noted that there are situations where it is difficult for servicemen to obtain one or another type of vacation. In particular, some of the situations are related to the consideration of the reports themselves - rejection, failure to comply with terms, loss.

They may also refuse to be granted a vacation, it is a vacation for treatment by the decision of the VLK. "Speaking on the example of family leave or for other valid reasons, there are refusals to provide on the basis that the command of the military unit does not consider the grounds specified in the report, respectful.

This problem, in particular, caused by the fact that during the period of action The martial law does not even provide an indicative list of such circumstances, " - said the lawyer. She stressed that in such cases, according to the Statute of the Armed Forces of the Armed Forces on official and personal issues, the fighter should contact his immediate boss, if he cannot solve them - to the next direct chief. So you need to go to the highest command, VSP and the Ministry of Defense, added Marco.