Discharge from service during martial law: who has the right and how to file a report

Martial law does not cancel the right to be discharged for family reasons

During martial law in Ukraine, the list of grounds for discharge from military service remains limited. At the same time, the law provides for a number of family circumstances under which servicemen may be discharged from service.

These include, in particular, pregnancy, caring for children or family members, caring for persons with disabilities, as well as the death or disappearance of close relatives.

When can they be discharged due to pregnancy or caring for a child

Servicemen have the right to be discharged:

in connection with pregnancy;

while on leave to care for a child up to three years old;

if the child requires home care – up to six years old with a medical certificate.

Another reason for discharge is a situation when both spouses are in military service and have a child under the age of 18. In this case, one of the parents may receive the right to be discharged.

Parents with many children and individuals raising children on their own

The law allows for discharge from service for military personnel who are dependent on three or more children under the age of 18. At the same time, such a basis is valid only if there is no arrears in alimony payments exceeding the amount of payments for three months.

Individuals raising a child on their own are separately entitled to discharge. This applies to cases where one of the parents has died, disappeared, been deprived of parental rights, or is absent for other legal reasons.

Guardianship, adoption, and upbringing of children with disabilities

The following are also grounds for discharge:

adoption of an orphan or a child deprived of parental care;
status of guardian, custodian, adoptive parent, or foster parent;
independent upbringing of a child with a disability;
maintenance of an adult child with a disability of group I or II.

In addition, dismissal is possible in the case of caring for a child with serious illnesses, including cancer, cerebral palsy, type I diabetes, severe nervous system damage, or in cases of need for transplantation or palliative care.

Who is entitled to dismissal due to caring for relatives

The right to dismissal is granted to military personnel who provide constant care for:

a husband or wife with a disability of group I or II;
a husband or wife with a disability of group III in cases of serious illnesses;
parents or parents of a spouse with a disability of group I or II;
an incapacitated person over whom guardianship has been established;
a family member of the second degree of kinship with a disability of group I or II, if there are no other persons capable of providing care.
Death or disappearance of relatives is a separate ground for dismissal

A serviceman may also be dismissed from service if his close relatives died or went missing while participating in the ATO, Joint Forces Operation, or during the repulse of the armed aggression of the Russian Federation against Ukraine.

A separate ground is the awarding of the title of Hero of Ukraine to a relative posthumously for participation in the Revolution of Dignity.

How to submit a report for dismissal

To be dismissed, a serviceman must submit a report and documents confirming the relevant circumstances.

The report must indicate:

the reason for dismissal;
information about the desire or unwillingness to serve in the military reserve;
the name of the CCC and the SP to which the personal file should be sent.
What documents must be attached

Depending on the ground, the following may be required:

birth certificates of children;
medical certificates and conclusions;
medical advisory commission opinion;
disability documents;
medical opinion on pregnancy;
court or guardianship and trusteeship decision.
How long should the report be considered

The commander is obliged to consider the report immediately, but no later than 48 hours after submission.

After that, an order for dismissal or refusal is issued.

What to do in case of refusal

If a serviceman is denied dismissal, the decision can be appealed.

This can be done:

in a pre-trial procedure – through a complaint to the higher command, the General Staff or the Ministry of Defense;
in a judicial procedure – by applying to the district administrative court.