This Decree introduces amendments to the Regulation on Military Service in the State Border Guard Service of Ukraine (SBGS), adapting dismissal procedures to the requirements of the Law of Ukraine “On Military Duty and Military Service.” The document clearly regulates the command’s authority regarding the discharge of military personnel and introduces special rules for officers of the intelligence agencies of the SBGS. A key innovation is the possibility of contract termination by mutual agreement for intelligence officers during peacetime and special periods, with the exception of mobilization and martial law. The procedure for enrollment in the reserve of the Armed Forces of Ukraine (AFU) for certain categories of discharged intelligence officers has also been standardized.
**Structure and Main Provisions:**
The Decree consists of five points of amendments to the current Regulation (No. 1115/2009).
* **Points 1 and 3:** Update the lists of grounds for the discharge of contract military personnel and career officers, bringing them into compliance with the current versions of Article 26 of the Law “On Military Duty and Military Service.”
* **Points 2 and 4:** Supplement the Regulation with new points (267-1 and 268-1), which allow for discharge by mutual agreement for officers of the intelligence agency of the SBGS Administration.
* **Point 5:** Makes technical amendments to point 304, defining the mechanism for enrolling intelligence officers into the AFU reserve upon discharge on certain grounds.
**Most Important Provisions:**
1. **Discharge by Mutual Agreement:** A mechanism for discharge by mutual agreement has been introduced for SBGS intelligence officers (in accordance with the Law “On Intelligence”), which is valid in peacetime and during special periods, but does not apply to mobilization and martial law.
2. **Updating of Grounds:** The SBGS command has received a clearly defined list of grounds for discharge that meets modern legislative requirements, which minimizes legal uncertainty when making personnel decisions.
3. **Enrollment in the Reserve:** It is clearly established that intelligence officers discharged on grounds related to family circumstances or other compelling reasons (in accordance with sub-paragraphs “l” of point 3, part 5 and “z” of point 3, part 6 of Article 26 of the Law) are subject to enrollment in the AFU reserve.
