Dismissal from military service during martial law 3rd Mechanized Battalion 160th Mechanized Brigade
Legal Navigator AFU • Updated 2024-2026

RELEASE FROM MILITARY SERVICE
DURING THE STATE OF MARTIAL

A comprehensive legal and practical guide for mobilized fighters. The very fact of the existence of a legal basis and the algorithm for its implementation are more important than dry lists of papers. Learn how to protect your rights, on what basis to act and what to do at each stage.

Art. 26 part 4 paragraph 2 ZU No. 2232-XII Amendments to Law No. 3633-IX Law No. 4063-IX (non-consanguineous brothers)
Check your reason The path of the wounded
Distribution by terms of service

WHO ARE YOU? CHOOSE YOUR CATEGORY

The order of document circulation, communication with the command and medical facilities depends on the place of duty and current status.

Combat zone

PEDOVA (LBZ)

Reporting through the platoon/company commander or the Army+ mobile application. Fixation in the SEDO of a military unit even in the absence of direct access to the headquarters.

How to submit to zero
Dislocation point

ARMY IN THE REAR

Support, communications, TRC and training units. Direct access to the military unit, accelerated notarization and passage of garrison Military Medical Commission (MMC).

The order of passage
Veteran status

PARTICIPANTS OF COMBAT ACTIONS

Full social protection after release: preferential service (1 month out of 3 during hostilities), preservation of the right to sanatorium and medical care, free lawyers.

Benefits after dismissal
Special protection

Wounded fighters

A separate priority procedure: treatment for up to 4 months in a row (or up to 12 months abroad), Certificate on the circumstances of the injury, the right to dismissal for disability of groups I–III and payment of OGD.

Algorithm for the wounded
Comparative analytics

SPLITBOARD: THE THREE LEGAL STATUS OF EXEMPTION

The law divides all life situations into three clear legal trajectories. Find out which category your situation belongs to before collecting a package of documents.

100% DIRECT ACTION

UNCONDITIONAL RIGHT

Discharge does not depend on the presence of other relatives, family work capability, or command discretion. One fact is enough.

Own disability: I, II or III groups (at the request of the fighter in accordance with Law No. 3633-IX).
Military Medical Commission (MMC) about ineligibility: or temporary ineligibility with a review after 6 to 12 months.
Released from captivity: the right to release immediately after return for exchange.
Death of loved ones in the war: parents, children, spouse, full and half brothers/sisters.
Age 60 years: reaching the maximum age of service (65 years for generals).
Result: The commander is obliged to satisfy the report if there is a supporting document.
PROOF REQUIRED

CONDITIONAL LAW

The right is there, but the law requires proof that there are no other able-bodied persons obliged to take care of/maintain.

Caring for parents of group I or II: it is necessary to prove the absence of other able-bodied relatives of the 1st or 2nd degree.
Caring for a wife with a disability of the III group: only in case of amputations, cancer or paralysis.
Three children under the age of 18: mandatory absence of child support arrears for more than 3 months.
Independent education of a child: a court decision or death certificate of the other parent is required.
Result: Additionally, the Act of establishing the fact of permanent care is attached (Resolution No. 560).
THERE ARE NO SPECIAL REASONS

COMMON PATH

Demobilization without grounds during martial law does not apply. Legitimate ways to preserve strength and change roles:

Basic annual leave: up to 30 days (in parts of at least 15 days) with retention of payments.
Family leave: up to 10 days at the decision of the commander.
Planned Military Medical Commission (MMC) in case of deterioration of health: detection of diseases for transfer to parts of provision.
Rotations and Recovery: redeployment of the unit for coordination and rest.
Result: Release occurs after martial law is lifted by Presidential Decree or upon reaching 60 years of age.
Infographics and algorithm

DECISION MAP: ARE YOU ELIGIBLE FOR EXEMPTION?

Visual vector block diagram for quick self-check according to Article 26 of the Law of Ukraine No. 2232-XII.

Block diagram for determining the grounds for dismissal
Direct dismissal Reference/document required Alternative rights
MOBILIZED Military service in AFU HEALTH AND Military Medical Commission (MMC) Disability I-III gr. / Invalid / Revision DEAD RELATIVES IN THE WAR Parents, children, spouse, full/half brothers CHILDREN AND FAMILY CIRCUMSTANCES 3+ children, a child with a disability, independent education CARE FOR RELATIVES Wife I–II gr., parents I–II gr., judicial guardianship THERE ARE NO SPECIAL REASONS General demobilization has not been approved temporarily UNCONDITIONAL RELEASE • Disability of a fighter (group I, II, III) • Military Medical Commission (MMC): Not applicable or 6-12 months. • Relatives who died in defense of the Motherland • Released from captivity / Age 60 years ! AN ACT OF PROOF IS REQUIRED • Caring for parents I–II gr. • 3+ children (certificate of no debt) • Guardianship of incapacitated relatives CMU Resolution No. 560 i HOLIDAYS AND ROTATION • Basic 30 days + family 10 days • Military Medical Commission (MMC): transfer to rear units
Gantt chart: deadlines for completion of the dismissal procedure
Submission and review (up to 14 days) Order and settlement (up to 30-45 days)
Day 1 Day 14 Day 30 Day 45 Day 60+ 1. Documents and notary public 1-3 days 2. Report ("Army+" / SEDO) Up to 14 days 3. Review and approval by headquarters 14 - 30 days 4. Order on personnel 30 - 45 days 5. Bypass letter, funds, prescription Release 6. Military accounting in TRC 5 days
Stage 1 (Day 1-3)
Notarization of copies of documents (free from the commander or notary).
Stage 2 (Day 3-14)
Submitting a report with an incoming number or through the "Army+" application (guaranteed deadline).
Stage 3 (Day 14-45)
Inspection by the service of the unit, visa by the combatant/combrig, issuance of the order.
Stage 4 (Day 45-60)
Surrender of weapons and property, bypass letter, full financial settlement, 5 days to arrive at TRC.
Law of Ukraine No. 2232-XII • Art. 26 h. 4 p. 2

ALL GROUNDS FOR THE RELEASE OF THE MOBILISED

Information is organized by groups. The main legal facts are revealed immediately, and full lists of documents, action algorithms and links are hidden under spoilers so as not to overload the perception.

1. State of health and personal disability

Presence of a disability of the I, II or III group in a serviceman

Art. 26, part 4, item 2, subparagraph "b" (as amended by Law No. 3633-IX)
Unconditional right
Essence and algorithm: A serviceman who has been diagnosed with any group of disabilities (even III group), has an unconditional right to dismissal at his own will. If you have not expressed a direct written desire to continue the service, the command has no right to refuse. Re-examination Military Medical Commission (MMC) to prove statutory disability is not required for exemption under this subparagraph.
Necessary documents for the report:
  • Report on dismissal with reference to paragraphs "b" p. 2 part 4 of art. 26 of the Law "On military duty and military service".
  • A notarized copy of the Reference to the act of examination by the medical and social expert commission (MSEK / expert evaluation team).
  • A notarized copy of the pension certificate of a person with a disability or the certificate of a recipient of social assistance.
Note: The disability group can be obtained both during hostilities (related to the defense of the Motherland), and before mobilization or as a result of a general illness.

Conclusion Military Medical Commission (MMC) about unsuitability for military service with exclusion from registration

Art. 26, Part 4, Clause 2, Subparagraph "b" • Order of MOU No. 402
Unconditional right
Essence and algorithm: A conclusion Military Medical Commission (MMC) about complete unfitness automatically triggers the procedure of exclusion from the personnel lists of the military unit. From the day of approval of the sickness certificate by the regular Military Medical Commission (MMC) (Regional or TsVLK), the serviceman is subject to immediate dismissal and removal from military registration.
Required documents:
  • Report of a serviceman on discharge due to health.
  • Certificate of illness (certificate Military Medical Commission (MMC)) with a decree of unfitness, certified by the seal of the staff Military Medical Commission (MMC).
  • Medical book and discharge epicrisis from military hospitals.

Temporary ineligibility for military service with review after 6–12 months

Art. 26, Part 4, Clause 2, subparagraph "b" (amendment of Law No. 3633-IX)
Unconditional right
Essence and algorithm: If, after major operations, injuries, or long-term treatment, Military Medical Commission (MMC) determines that a fighter needs rehabilitation for more than 6 months, the decision is made: "Temporarily unfit with review in 6-12 months." It is a direct reason for full release to the reserve, and not just for vacation. A soldier returns home as a civilian and is re-examined in TRC after a specified period.
Required documents:
  • Report on release to the reserve on the basis of temporary unfitness.
  • Resolution Military Medical Commission (MMC) with a direct indication of the review period (from 6 to 12 months).

2. Deceased or missing close relatives

Death or disappearance of close relatives (including half-siblings)

Art. 26 h. 12 p. 3 • Laws No. 3633-IX and No. 4063-IX
Unconditional right
Essence and circle of persons: Soldiers whose close relatives were killed or went missing during ATO, OOS or full-scale invasion (martial law) are subject to release.
Circle of people: husband, wife, son, daughter, father, mother, and also native full-blood or half-blood (common mother or common father) brother or sister!
Required documents:
  • Report to the commander of the military unit.
  • Documents confirming the family relationship (birth certificates of the soldier and relative, marriage certificate, etc.).
  • Death certificate or extract from the Unified register of persons missing under special circumstances.
  • Document on the causes of death / circumstances of disappearance (notification of the family, extract from the order of the military unit on exclusion from the lists, certificate of participation in hostilities).

Awarding the title of Hero of Ukraine to a close relative (posthumously)

Art. 26 h. 12 p. 3 (seventeenth paragraph)
Unconditional right
Essence: The right to demobilization is granted to family members of heroes who were posthumously awarded the highest state award — the title of Hero of Ukraine with the award of the Golden Star order.
Required documents:
  • Decree of the President of Ukraine on awarding the title (certified copy).
  • Documents confirming family relations of the first/second degree.

3. Children, pregnancy and family circumstances

Maintenance of three or more children under the age of 18

Art. 26 h. 12 p. 3 (paragraph four)
Need help
A critical requirement of the law: The key is the fact maintenance, and not only biological parentage. If the children are born from different marriages, the serviceman must confirm that he is the one who supports them. Importantly: exemption is blocked for persons who have alimony arrears, which collectively exceeds the amount of payments for 3 months.
Required documents:
  • Notarized copies of birth certificates of all 3+ children.
  • A certificate from the Unified Register of Debtors or a certificate from the State Executive Service (SES) on the absence of alimony arrears.
  • Marriage certificate or court decision on children living with their father / maintenance agreement.

Independent education of a child (children) under the age of 18

Art. 26 h. 12 p. 3 (fifth paragraph)
Unconditional right
Essence: A military person independently raises a minor child if one of the parents has died, is deprived of parental rights, is recognized as missing, is in a place of deprivation of liberty, or according to a court decision establishing the fact of independent upbringing.
Required documents:
  • Child's birth certificate.
  • Mother's death certificate / court decision on deprivation of parental rights / court decision on recognition as missing.

Raising a child with a disability under the age of 18 or an adult child with a disability I/II grade.

Art. 26 h. 12 p. 3 (paragraphs seven and eight)
Unconditional right
Essence: Exemption is possible when raising a minor child with a disability of any subgroup, or when supporting an adult child (after 18 years) if he or she is diagnosed with the I or II disability group.
Required documents:
  • Child's birth certificate.
  • A medical opinion about a child with a disability under the age of 18 (form of the Ministry of Health) or a certificate from the Ministry of Health and Welfare for an adult child.
  • Certificate of assignment of state social assistance.

Pregnancy, parental leave or service of both spouses

Art. 26 ch. 12 clause 3 (paragraphs one, two, three)
Unconditional right
Essence: Female military personnel are released in connection with pregnancy at any time or for being on leave to take care of a child up to the age of 3 (up to 6 years on medical leave). If both spouses are in military service and have a child under the age of 18, the wife has the right to be exempted (or with the consent of the husband).
Required documents:
  • Certificate of women's consultation or medical opinion about pregnancy.
  • Child's birth certificate and marriage certificate (if both spouses are in service, a certificate from the second spouse).

4. Care and guardianship of adult relatives

Permanent care for a spouse (husband) with a disability of group I or II

Art. 26 h. 12 p. 3 (tenth paragraph)
Unconditional right
An important difference: When caring for a wife with a disability of group I or II, the law does not require prove the absence of other relatives! Marriage itself and the presence of a spouse with a group I or II disability give a serviceman the unconditional right to demobilization.
Required documents:
  • Marriage certificate (notarized copy).
  • Certificate of MSEK on the establishment of the wife of the I or II disability group.
  • Wife's pension certificate.

Caring for a spouse with a disability of the III group (special medical reasons)

Art. 26 h. 12 p. 3 (paragraph eleven)
Special diagnoses
The essence of the limitation: The usual III group of the wife does not give the right to dismissal. The right arises only if the disability of the III group is established as a result of: oncological disease, absence of limbs/hands/feet, one of paired organs, mental disorder, cerebral palsy or other paralytic syndromes.
Required documents:
  • Marriage certificate.
  • Reference to the MSEK examination report with a clearly indicated anatomical defect or oncodiagnosis.

Permanent care for one's parents or the parents of the wife (disability of group I or II)

Art. 26 part 12 paragraph 3 (as amended by Law No. 4170-IX dated 19.12.2024)
The act of not having others
Essence and algorithm: Release is only possible provided there are no other family members of the first or second degree of kinship (other children, husband/wife of the patient), or if all other relatives themselves need care according to the conclusion of the MSEK or LKK.
Required documents:
  • Documents on family ties with parents (birth certificate of a soldier or wife).
  • Certificate of MSEK on disability of I or II group of parents.
  • Act of establishing the fact of permanent care (issued by the executive committee of the local council or RDA in the form of Resolution of the CMU No. 560).
  • Evidence of the absence of other able-bodied relatives of the 1st and 2nd degree of consanguinity (certificate on the composition of the family, death certificates of other relatives, certificates of MSEK on their incapacity for work).

5. Captivity, maximum age and public positions

Military personnel who returned from enemy captivity

Art. 26, part 4, item 2, subparagraph "d"
Unconditional right
The essence of the guarantee: Fighters released from captivity have an unconditional right to be released from military service into the reserve, if they have not expressed a written desire to continue their service. In addition, they have the right to an additional leave of 90 calendar days with the preservation of financial support.
Required documents:
  • Report on release in connection with release from captivity.
  • Certificate of stay in captivity (issued by the Coordination Headquarters for the Treatment of Prisoners of War or a military unit).

Reaching the maximum age for military service (60 years)

Art. 26, part 4, item 2, subparagraph "a"
Unconditional right
Essence: The upper age limit for private, non-commissioned, non-commissioned officers and officers during martial law is 60 years old (for senior officers - 65 years old). Upon reaching the age of 60, dismissal is mandatory, except in cases where a military person personally expressed a desire to remain in the service beyond the age limit of up to 5 years.
Required documents:
  • Report on dismissal by age.
  • Passport of a citizen of Ukraine (copy of pages with date of birth).

LEGAL ROUTE OF THE WOUNDED MILITARY SERVANT

Wounds, contusions, injuries or mutilations received during the defense of the Motherland trigger a special legal mechanism for maintaining benefits, undergoing long-term treatment, establishing disability and receiving guaranteed state benefits.

Stage 1 Evacuation (Form 100) Primary medical aid, entry into the record of combat sanitary losses.
Stage 2 Certificate about the circumstances of the injury "Appendix 5" based on the results of an official investigation with the entry "Protection of the Motherland".
Stage 3 Hospital treatment Up to 4 months in a row in Ukraine (or up to 12 months abroad) with 100,000 UAH saved.
Stage 4 Resolution Military Medical Commission (MMC) "Ineligible with exception" or "Temporarily ineligible with review in 6-12 months."
Stage 5 MSEK / Expert Commission Establishing a disability group or % of incapacity for work assignment.
Stage 6 Order and payment of OGD Dismissal, submission of cases, calculation of a one-time cash benefit (up to 400 times the subsistence minimum).

Why does "Appendix 5" solve everything?

The certificate on the circumstances of the injury (Appendix 5) defines the causal relationship: "The injury/injury is related to the defense of the Motherland." Without it, Military Medical Commission (MMC) will write "Injury related to the completion of service", which deprives the right to payment of UAH 100,000 during treatment and reduces the amount of one-time cash assistance (OGD) times! Request the issuance of a certificate through a report to the commander.

Disability of the III group after injury

If the injury has led to a permanent loss of working capacity, the fighter is sent to the MSEK. From May 18, 2024, the presence of even the III group of disabilities is possible independent grounds for immediate dismissal according to the military report, plus OGD payment and a monthly disability pension are assigned.

The realities of legislation

WHAT TO DO IF YOU ARE NOT ELIGIBLE FOR ANY BENEFITS?

Legal reality: The provision on the right to demobilization after 36 months of continuous service was removed from draft law No. 10449 before the second reading. As of the current moment, a separate law on general demobilization has not been adopted without grounds. Release during martial law is possible exclusively on an exhaustive list of grounds Art. 26 of Law No. 2232-XII.
MECHANISM 01

Main leave

Up to 30 calendar days per year with cash security. It can be provided in parts (the main part is not less than 15 days), provided that more than 30% of the personnel of the unit are absent at the same time.

MECHANISM 02

Family vacations

Up to 10 additional calendar days due to family circumstances (wedding, serious illness or death of close relatives, fire, etc.) with retention of benefits.

MECHANISM 03

For destroyed equipment

Military personnel are granted additional leave of up to 15 calendar days per year for each unit of enemy armored vehicles, aircraft, or artillery systems destroyed.

MECHANISM 04

Planned Military Medical Commission (MMC)

If your health has deteriorated over the years of service (spine, joints, cardiovascular system, vision, psychological state), request a referral to a second Military Medical Commission (MMC). According to the new schedule of diseases, the status "fit for service in military support units, TRC, VVNOZ" allows legal transfer to the rear.

MECHANISM 05

Rotations and recovery

Official withdrawal of the unit from the combat zone to restore combat capability, pass medical examinations, psychological relief and reconciliation in rear deployment points.

MECHANISM 06

Termination of martial law

In the event of the end of a special period or the cancellation of martial law, a separate Decree of the President of Ukraine on demobilization is issued, according to which all mobilized are released in the established queues.

Practical guide

STEP-BY-STEP ALGORITHM: HOW TO SUBMIT A REPORT AND PROTECT YOUR RIGHTS

How to act correctly, where to go and what to do if the report "gets lost" or the commander refuses to accept it.

STEP 01

Collection of evidence

Collect originals or notarized copies of documents. Lifehack: in accordance with Art. 40 of the Law "On Notary", the commander of the military unit has the authority to certify power of attorney and copies of soldiers' documents free of charge.

STEP 02

Compilation of the report

Specify the exact clause of the law: "I am asking you to release me from military service under subparagraph "b" (or "d") of clause 2 of part 4 of article 26 of the Law No. 2232-XII in connection with...". Add a full application description.

STEP 03

Submission and fixation

Option A: "Army+" application (the report has a unique ID and cannot "get lost").
Option B: Paper report in 2 copies: on the second copy, the unit puts the date, signature and entry number.

STEP 04

Time control

The commander is obliged to review the report within 14 days (or up to 30 days in exceptional cases). In the event of an unreasonable delay, a complaint is filed with the Military Law Enforcement Service (MLS) or operational command.

WHAT IF THE REPORT IS IGNORED OR REJECTED?

Any refusal to dismiss must be based on a legal basis written and motivated. A commander's verbal refusal is illegal. If the report is not registered or the deadlines are delayed, contact the official channels of control and human rights protection.

Hotline of the Ministry of Defense: 1512
Military Law and Order Service (VSP): (044) 454-74-32
Free legal assistance: 0 800 213 103
Human rights organization "Princip": pryncyp.org
Official sources

REGISTER OF REGULATORY AND LEGAL ACTS

Direct links to the current edition of laws and resolutions on the official portal of the Verkhovna Rada of Ukraine (zakon.rada.gov.ua).

Normative act Number and date Key regulated area Link
Law of Ukraine "On Military Duty and Military Service" № 2232-XII Article 26, Part 4, Clause 2 (grounds for the release of those mobilized during martial law). rada.gov.ua
Law of Ukraine on mobilization and service No. 3633-IX dated 04/11/2024 Large-scale reform of Article 26: the right to release for disability of groups I-III, imprisonment, care. rada.gov.ua
Law on non-consanguineous brothers and sisters No. 4063-IX dated November 20, 2024 Extension of the grounds for the death of close relatives to non-consanguineous brothers and sisters. rada.gov.ua
Regulations on military medical examination (Military Medical Commission (MMC)) MOU order No. 402 Schedule of diseases, criteria of unfitness and temporary unfitness with revision. rada.gov.ua
The procedure for carrying out permanent care and enlistment CMU Resolution No. 560 The form of the Act establishing the fact of permanent care, a list of supporting documents. rada.gov.ua
Law on social and legal protection of military personnel № 2011-XII Payment of OGD (one-time benefit), vacations, material and monetary support upon dismissal. rada.gov.ua
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