Dismissal from Military Service

Dismissal from military service is a relevant issue, especially under martial law. Ukrainian legislation regulates the grounds on which servicemen can terminate their service in the Armed Forces of Ukraine (AFU). The main reasons include health conditions, family circumstances, caregiving responsibilities, reaching the maximum service age, or personal desire. Each of these grounds has specific requirements that must be met by following established procedures.

To resign from military service, a serviceman must submit a report to the commander of their military unit, indicating the reason for dismissal and attaching supporting documents.

The report must specify:

• The reason for dismissal from military service;
• The serviceman’s position on whether they wish to continue serving in the military reserve of the AFU in their military occupational specialty;
• The district (city) territorial recruitment and social support center (TRC & SSC) to which their personal file should be transferred.

Dismissal of Mobilized Servicemen from the AFU

Mobilized servicemen under martial law may be dismissed on the following grounds:

• Health condition: Disability status or a military medical commission (MMC) conclusion stating unfitness for military service.
• Reaching the maximum age limit: The age limit depends on rank and position, as determined by law.
• Family circumstances: For example, caregiving for disabled relatives or legally incapacitated individuals.
• Conviction resulting in imprisonment, restriction of freedom, or loss of military rank (except during martial law).
• Release from captivity.
• Other circumstances.

To resign, a mobilized serviceman must submit an application to the recruitment authority with the necessary supporting documents.

Dismissal of Contracted Servicemen

Contracted military service requires adherence to the terms of the contract, but contract servicemen have the right to resign under certain conditions:

• Expiration of the contract (except during martial law and mobilization).
• Deterioration of health: Based on an MMC conclusion or documents confirming disability.
• Reaching the maximum age limit.
• Staff reductions or organizational restructuring.
• Family circumstances: Such as caregiving for parents, children, or a spouse.
• Personal desire (for foreign servicemen and stateless persons).
• Failure to meet service requirements.
• Criminal conviction resulting in imprisonment, restriction of freedom, loss of military rank, or the right to hold specific positions.
• Systematic violation of contract terms by the command or the serviceman.
• Mutual agreement: Acquisition of pension rights for years of service.
• End of a special period or official demobilization order.
• Other circumstances.

All submitted documents must be properly prepared and include certificates confirming the grounds for dismissal.

Dismissal from the AFU Due to Health Reasons

Health conditions are a common reason for dismissal. Grounds for dismissal include:

• An MMC conclusion declaring the serviceman unfit for military service or temporarily unfit with a reassessment period of 6–12 months.
• Disability status.

Key Steps for Obtaining an MMC Conclusion:

1. Undergo a military medical commission examination.
2. Receive a copy of the MMC ruling indicating fitness level.

Disability status must be confirmed with documents such as an MMC conclusion, a copy of the medical-social expert commission (MSEC) examination report, a disability certificate, a pension certificate, etc.

If a serviceman is declared disabled, they are entitled to social benefits as provided by law.

Dismissal from the AFU for Caregiving Responsibilities

Caregiving for family members is another valid reason for dismissal. Required documents include:

• Medical certificates confirming the health condition of the person requiring care.
• Documents proving familial relationships.
• Certificates of financial compensation (allowances, benefits).
• Documents proving the absence of other persons capable of providing care (e.g., proof of their disability, incarceration, or legal restrictions).

The law allows dismissal for servicemen responsible for caregiving for disabled or legally incapacitated relatives.

Dismissal from the AFU Due to Family Circumstances

Family-related reasons for dismissal include:

• Having children requiring special care.
• Supporting three or more children under 18 years old.
• Pregnancy or being on maternity leave until the child reaches three years of age (for female servicemen).
• A spouse, parents, or other close relatives with severe illnesses.
• No other individuals available to provide care for a spouse, parents, or other close relatives.
• Having close relatives (husband, wife, son, daughter, father, mother, or biological sibling) who died or went missing during active military operations, national defense activities, or military aggression by Russia in Donetsk and Luhansk regions, or under martial law conditions.
• Other circumstances.

Consulting a lawyer is recommended for the proper documentation and confirmation of grounds for dismissal.

Dismissal from the AFU for Childcare Responsibilities

Caring for a child is a specific reason for dismissal. This applies to female servicemen on maternity leave or servicemen who are the sole guardians of a child.

Required documents:

• Child’s birth certificate.
• Certificate of family status.
• Medical report confirming the necessity of home care or a court decision on guardianship.

Dismissal from the AFU Due to Age

Reaching the maximum age limit is a legal ground for dismissal. Servicemen dismissed due to age are entitled to benefits and social guarantees. The age limit depends on rank and position, as specified in regulatory documents.

Maximum Age Limits for Military Service:

• For enlisted personnel, junior sergeants, and senior ranks, as well as junior officers: Up to 45 years.
• For senior sergeants, senior ranks, and senior officers: Up to 50–55 years.
• For high-ranking officers: Up to 60 years.
• At the serviceman’s request, they may be retained in service for up to 5 additional years.

Dismissal from the AFU at Own Request

Resignation at personal request is only possible for career servicemen (in peacetime) or for foreign servicemen and stateless persons.

Legal Assistance for Military Discharge from K&S Partners

The legal firm ES & Partners provides professional support for servicemen during the discharge process.

Our Services Include:

• Comprehensive document preparation.
• Consultations on all legal matters.
• Full legal assistance in processing dismissals.

We aim to make the dismissal process as smooth as possible for you. Your peace of mind, confidence, and successful outcome are our top priorities!

Author of the Article:

Margarita Sergeyevna Skubak – lawyer specializing in administrative and corporate law, providing professional services in interactions with government authorities and corporate affairs.