Under martial law, discharge from service is only possible on the grounds set out in Art. 26 of the Law of Ukraine "On Military Duty and Military Service": for health reasons, due to certain family circumstances, after release from captivity and in other cases defined by law. The list has been amended many times, so we check each ground against the current wording.
Most often the problem is not the ground itself but the documents: a report (raport) without the required attachments, a certificate in the wrong form, or a missing Military Medical Commission (MMC/ВЛК) opinion. We prepare the package so that the commander has everything needed to decide, and follow the report through until an order or a reasoned refusal is issued.
When to seek help
- You care for a child with a disability or another family member who needs constant care
- The MMC found you unfit for military service
- You have returned from captivity and want to exercise your right to discharge
- Your discharge report is not being considered or is returned without a decision
- The commander refused discharge, and you believe the refusal is unlawful
- A date is approaching after which the terms of your contract allow you to leave the service
What the lawyer does
Analysis of discharge grounds
We check whether your situation falls under a specific clause of Art. 26 of the Law, which documents confirm it and whether there are circumstances that could lead to a refusal.
Collecting supporting documents
We help obtain medical opinions, family composition certificates, and documents on disability or the need for care in the form required by the current rules.
Preparing the report
We draft the report with a reference to the legal provision and a list of attachments, and explain how to submit it so that the submission is recorded.
Following the report through
We monitor the review deadlines, send advocate's requests to the unit and, if the decision is delayed, prepare complaints to higher command.
Challenging a refusal
If discharge is refused or the report is ignored, we prepare a claim to the administrative court and represent you in the case.
Documents to prepare
- Service member ID or military ID card
- Documents on the ground: opinions of the expert team assessing daily functioning (EKOPFO/ЕКОПФО, formerly MSEC/МСЕК), the MMC, documents on the need for care
- Birth and marriage certificates and other documents on family relationships
- A copy of the submitted report with a registration mark, if it has already been submitted
- Replies from command, orders, correspondence with the unit
- Documents on release from captivity, if the ground relates to captivity
What you get
- An opinion on the available grounds for discharge and the risks of refusal
- A report with a full set of attachments
- Advocate's requests, complaints and, if necessary, a court claim
- An explanation of the next steps after an order or a refusal
Frequently asked questions
Can I be discharged from military service under martial law?
Yes, but only on the grounds that Art. 26 of the Law of Ukraine "On Military Duty and Military Service" provides for the period of martial law. These include health, certain family circumstances and release from captivity. Whether your situation fits them can only be said after reviewing the documents.
What if my discharge report is not being considered?
First make sure the submission has been recorded: there is a registration number or a second copy with a stamp. Next steps may include a repeat application, an advocate's request or a complaint to higher command. If this still does not produce a decision, the command's inaction can be challenged in the administrative court.
Can I be discharged to care for a relative?
The law provides for this ground in certain cases, for example caring for a child with a disability or for a family member with a Group I or II disability, when there is no one else who can provide care. The conditions and the list of supporting documents are regulated in detail and have changed, so we check them against the current wording.