Six legal grounds for discharge from the army during martial law

Returning to civilian life during the period of martial law for mobilised servicemen is governed by strict legal norms. The mere desire to leave a unit is not a sufficient condition for ceasing service. To obtain permission for discharge, an individual must have a specific ground established by law and confirm it with official documents.

The details of the procedure and the list of permissible reasons were outlined by the Zhytomyr Regional Territorial Centre for Recruitment and Social Support (TCRSS) on its Facebook page.

Main grounds for ceasing service

Current legislation clearly defines the situations in which a serviceman has the right to be discharged. These include:

• Reaching the age limit. For most categories of military personnel, this limit is 60 years, while for senior officers it is extended to 65 years.
• Health issues. A ground for discharge is a conclusion from the military medical board (MMB) regarding total unfitness for service. Discharge is also possible if there is a conclusion of temporary unfitness, provided that waiting for a repeat medical examination takes between 6 and 12 months.
• Presence of disability. If a disability is established, a serviceman may be discharged if they do not express a desire to continue serving.
• Criminal conviction. Discharge occurs when the verdict becomes legally binding and the prescribed punishment involves deprivation of liberty or restriction of liberty.
• Family circumstances. The law provides for discharge on certain valid grounds related to caring for relatives, raising children, or other aspects of family status.
• Other cases. There are additional grounds defined by legislation, the application of which depends on the specific category of serviceman and the particularities of the situation.

Procedure for processing discharge

The presence of one of the listed reasons does not guarantee automatic discharge. The serviceman must undergo the established administrative procedure.

First of all, it is necessary to collect a package of documents confirming the existence of the relevant circumstances. The list of such papers depends on the specific reason for discharge. After this, a report must be submitted to the commander in the prescribed manner.

Receiving a decision on discharge is possible only after the review of the submitted documents and the conduct of relevant checks.

Strengthened control over medical conclusions

It was previously reported that Commander-in-Chief of the Armed Forces of Ukraine Mykhailo Drapatyi signed an order aimed at strengthening control over the work of military medical boards at TCRSS.

In accordance with the new provisions, the justification of medical conclusions will be verified. Particular attention will be paid to citizens suffering from chronic diseases. Doctors who issue fictitious or negligently prepared documents will face personal liability. The order also provides for inspections of TCRSS operations and additional training for MMB members.