Discharge of Conscripts from Service
A serviceman is discharged from compulsory national military service on the day following the expiry of the term established for that service, except in a state of war. During a state of war the term does not end with discharge: the conscript is discharged no later than 10 calendar days from the cancellation of the state of war, and the question of discharge during wartime is decided by the Government of Georgia. Discharge before the expiry of the term is also possible, under the conditions provided by the Code. A person discharged from compulsory national military service, including a person discharged before term, is enrolled in the reserve of the defence forces.
If the established term has passed since the person's enlistment but the person has not actually served that term in full, the service is not counted as completed, and the person is subject to renewed call up for the period not served — except where a valid excuse exists or the specific cases provided by the law apply. This rule protects the very substance of the service obligation while leaving room for circumstances beyond the person's control.
Early Discharge Grounds and Criminal Prosecution
The grounds for early discharge from compulsory service include the emergence of a corresponding condition provided by the Code, the state of health on the basis of a conclusion of the military medical commission, recognition as missing or declaration of death in the manner established by legislation, an instruction of the Government of Georgia in individual cases, termination of Georgian citizenship, and death. While criminal prosecution is pending, the conscript continues service for the established term if a measure of restraint other than imprisonment has been applied, or a non custodial sentence has been imposed for a less serious crime. Even where imprisonment was applied, the period of imprisonment counts toward the term of service if an acquittal is delivered or the prosecution is terminated — except in cases of release from liability on statutory grounds and effective repentance.
A conscript is discharged before term after a court decision has been delivered, from the 2nd day following the period actually served, where a sentence for a grave or especially grave crime has been imposed, or where imprisonment has been imposed. Conversely, where the ground for early discharge arises under the specific subparagraphs listed by the law, the serviceman may continue the service of his or her own will, and in that case the minister's legal act may establish additional material support or social guarantees.
Grounds for Discharge from Professional Military Service
The Code contains a broad list of grounds for discharge from professional military service. They include the expiry of the term defined by the contract; reaching the age limit; breach of the conditions of the contract; agreement of the parties; reorganization and reduction of staff; the state of health on the basis of a conclusion of the military medical commission; the commission of a disciplinary offense in cases provided by legislation; professional nonconformity; a personal request, by way of exception, supported by a substantiated and documented valid reason such as a severe family situation or permanent relocation to another state; election or appointment to a position in a public institution; recognition as having limited legal capacity or as a recipient of support under the Civil Code, recognition as missing or declaration of death; a conviction of an intentional crime or imprisonment for a crime of negligence; the use of narcotic, psychotropic or psychoactive substances without a physician's prescription or being under their influence; the disregard or violation of ethics norms and general rules of conduct directed at discrediting military service and the public institution, whether committed in or out of service; death; termination of citizenship; and the violation of the requirements of the law on the fight against corruption.
A serviceman to be discharged for health reasons is sent to the military medical commission to determine fitness for service. After a conviction, discharge follows on the day next after the imposition of the measure of restraint, and where the person performed duty after the start of prosecution, from the 2nd day following the period actually served. A person recognized as unfit is removed from military registration and discharged for health reasons, while a person found partially fit is enrolled in the reserve after discharge.
Protection Against Unlawful Discharge
The law openly protects the serviceman: a person discharged groundlessly and unlawfully from military service must be reinstated in the same position in the same unit where the service was performed, or in an equivalent position in another unit. The time of forced absence after discharge is counted in the calendar years of service, and corresponding compensation is paid. This guarantee ensures that an unlawful decision does not diminish the person's years of service and material support.
Where the serviceman requests discharge by personal application, the authorized person takes the decision in the manner and within the time limits established by the General Administrative Code. Until the decision is taken, the serviceman is not released from the performance of duty, except where a substantiated and documented valid reason exists — permanent relocation to another state, election or appointment to a public institution, or another special objective circumstance beyond the serviceman's control that makes the performance of duty impossible.
Frequently Asked Questions
When is a conscript discharged upon expiry of the term?
On the day following the expiry of the term, except in a state of war; in wartime the question of discharge is decided by the Government, and discharge takes place no later than 10 calendar days from the cancellation of the state of war.
What happens to the service term during criminal prosecution?
The conscript continues service where a measure of restraint other than imprisonment is applied or a non custodial sentence is imposed for a less serious crime. Upon acquittal or termination of prosecution, the period of imprisonment counts toward the term, except release on statutory grounds and effective repentance.
Can an unlawfully discharged serviceman be reinstated?
Yes. A person discharged groundlessly and unlawfully is reinstated in the same or an equivalent position; the time of forced absence is counted in the calendar years of service, and corresponding compensation is paid.
Is a serviceman released from duty before the decision on the application?
No. Until the decision on discharge by personal request is taken, the serviceman is not released from duty, except where a documented valid reason exists, such as relocation to another state or election or appointment to a public institution.
How We Help on Legal.ge
The advocates of Legal.ge defend the rights of servicemen in both conscript and professional service matters: assessing the legality of discharge grounds, disputes over military medical commission conclusions, appealing unlawful discharge and securing reinstatement. Contact us — we will analyse your case and plan a defence strategy.