Where discharge is regulated
The main rules are contained in Article 26 of the Law of Ukraine “On Military Duty and Military Service”. The details of the procedure are set out in the Regulations on Military Service by Citizens of Ukraine in the Armed Forces of Ukraine, approved by Presidential Decree No. 1153/2008, and in orders of the Ministry of Defence. Similar regulations apply to other military formations.
Under martial law, the list of grounds for discharge is significantly narrower than in peacetime. Certain grounds were changed and supplemented during 2024–2025, so check the current wording of Article 26 as at the date you read this.
Main grounds under martial law
- on health grounds, on the basis of a Military Medical Commission (MMC/ВЛК) conclusion of unfitness for military service;
- on age grounds, on reaching the age limit for military service;
- due to family circumstances or other valid reasons listed in the law;
- after release from captivity: the law gives such service members the right to discharge;
- on other grounds expressly set out by law for the special period.
Family circumstances include, in particular: supporting three or more children under 18; raising a child alone; raising a child with a disability; the need for permanent care of a family member with a group I or II disability if there are no other people who can provide care; the death or disappearance of a close relative while defending Ukraine. Each circumstance has its own conditions and list of documents.
Discharge on health grounds starts with the MMC. The service member submits a request to be referred for a medical examination, the commission assesses their health against the Schedule of Diseases, and if it finds them unfit for military service, that conclusion becomes the ground for discharge. If the conclusion does not reflect the actual state of health, it can be challenged before a higher-level MMC or in court. Temporary unfitness usually means leave for treatment or a re-examination, not discharge.
Discharge after a length of service or after a certain period of service under martial law has been under discussion for a long time. Before submitting a request, check whether new grounds have appeared in the law.
How to file a request
Discharge is initiated by a written request (raport/рапорт) addressed to the commander (superior) through the chain of command. The request can be submitted on paper or electronically via the Army+ app, if this feature is available in your military unit. In the request, state:
- your post, military rank and full name;
- the request to be discharged from military service;
- the specific ground, with a reference to the paragraph and part of Article 26 of the law;
- a list of the documents attached.
The documents depend on the ground: children's birth certificates, a marriage certificate, disability documents (a Medical and Social Expert Commission (MSEC/МСЕК) certificate or a decision of the expert team for the assessment of a person's daily functioning), the MMC conclusion, certificates of family composition, documents on the family relationship and on the death or disappearance of a relative, court decisions.
What happens after the request
The commander reviews the request, forwards it up the chain of command if necessary and checks the documents. If the ground is confirmed, an order is issued on discharge and removal from the personnel rolls. The service member then receives a final settlement: pay, compensation for unused leave and other payments provided for.
After discharge into the reserve, you must register for military service with the Territorial Recruitment and Social Support Centre (TCC/ТЦК) at your place of residence within the set time limit and check that your data in the Reserv+ app have been updated.
If the commander refuses or does not reply
A refusal must be given in writing with reasons. If there is no reply for a long time, this can also be challenged as inaction. Options:
- a request or complaint to a higher-level commander;
- an application to the military administration bodies;
- a claim in an administrative court.
For disputes concerning public service, including military service, the time limit for going to court is one month (part five, Article 122 of the Code of Administrative Procedure of Ukraine (CAP/КАС)). It runs from the day the person learned or should have learned of the violation of their rights. So do not delay filing a claim. More on this area: military law.
Checklist
- Find your ground in the current wording of Article 26 of the law.
- Gather documents confirming it and make copies.
- Submit the request through the chain of command or via Army+ and keep proof of submission.
- Track the progress of the request and demand a written reply.
- If refused, remember the one-month time limit for going to court.
- Do not leave your unit before the discharge order.
Frequently asked questions
Can I submit a discharge request via Army+?
Yes, the app allows requests to be submitted electronically, and such a request has the same force as a paper one. At the same time, the range of available request types and features is gradually changing. If the app does not offer the type of request you need, submit it on paper and keep a copy with a note of receipt.
What if a ground for discharge arises during service?
For example, a third child is born or a close relative is assigned a group I disability. The ground arises from the moment it can be confirmed by documents. Obtain the documents and submit a request. Check beforehand whether all the conditions of Article 26 of the law are met in your particular case.
Is an MMC conclusion needed for discharge due to family circumstances?
For discharge due to family circumstances, an MMC conclusion on your own health is usually not required. It is mandatory for discharge on health grounds. At the same time, a medical examination may be carried out before discharge, and documents on the health of the relative who needs care are always required.
This article is for general information only and does not constitute legal advice. Legislation changes — check the current version or consult a lawyer.
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