#preparation

08.08.2023 16:58

I underwent military training at the university in 1998, after which I was awarded the military rank of reserve lieutenant of the 1st grade by order of the Ministry of Defense of Ukraine. By order of KvPivn OK, I was awarded the military rank of "senior lieutenant". I am 46 at this point.

In accordance with Part 1 of Art. 27 of the Law "On Military Duty and Military Service" (hereinafter referred to as the Law), citizens of Ukraine who are fit for military service in peacetime or wartime and who have not reached the maximum age in stock. They are on military registration in the relevant district (city) territorial recruitment and social support centers and relevant bodies of other military formations.

In accordance with Part 1 of Art. 28 of the Law, the reserve of conscripts is divided into two categories, which are established depending on the age of the conscripts. And in accordance with part 3 of the same article, officers in the reserve are divided into ranks by age: 1) first rank: junior officers - up to 45 years old.

In the systematic interpretation from Part 2 of Art. 5 of the Law, it can be seen that the army rank of senior lieutenant is classified as a junior officer, and accordingly, the maximum age for a senior lieutenant in the reserve is 45 years.

In accordance with Part 1 of Art. 32 of the Law "On Military Obligation and Military Service" conscripts who have reached the maximum age of being in the reserve, as well as recognized by military medical commissions as unfit for military service in wartime, are excluded from military registration and transferred to retirement.

So, am I entitled to be removed from the military record and transferred to retirement based on reaching the reserve age limit?