The Ukrainian Veterans’ Fund, in collaboration with the Ministry of Defence and with the support of the International Renaissance Foundation, has published a guide entitled ‘The Veteran’s Path’ — an explanation of how a service member leaves the armed forces and what rights the law guarantees to their relatives. The guide covers planned discharge on health or age grounds, discharge due to family circumstances, as well as situations where a serviceman has been killed in action, is missing in action or has been taken prisoner.
Where does liberation begin?
The procedure is set out in paragraph 233 of the Regulations on Military Service, approved by Presidential Decree No. 1153/2008. The service member draws up a report stating the grounds for discharge, their position regarding service in the military reserve, and the territorial recruitment and social support centre to which their personal file will be sent. Upon discharge, the service member is issued with a discharge order, a service record, certificates of pay and equipment, and, for certain posts, a medical record.
Most discharge procedures conclude in the same way: once the report has been approved, an order or an extract from it is issued; the serviceman hands over his files, position, weapons, ammunition and equipment, completes his duties in accordance with the handover list, and is removed from the unit’s registers. On this day, they must be fully provided with financial, food and clothing allowances, and they are not removed from the unit’s records without their consent until all settlements have been finalised. Their personal file is transferred to the territorial centre, where the discharged serviceman must report within five days to be registered.
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What payment will be made upon leaving the service?
The one-off cash benefit is governed by Ministry of Defence Order No. 260 of 7 June 2018 and the Law ‘On the Social and Legal Protection of Servicemen and Members of Their Families’. For those discharged on medical grounds, it is paid at a rate of 50 per cent of their monthly pay for each full year of service. For those called up during mobilisation, the amount is 4 per cent of their monthly allowance for each full month of service, but not less than 25 per cent.
Compensation is also provided for unclaimed military equipment, although those mobilised are discharged in the uniform they were already wearing, so there is generally no outstanding debt for equipment. Separate compensation is provided for unused days of annual basic and additional leave: during martial law, such leave is not usually granted, but the entitlement does not lapse and is realised either through leave following the end of the period or a cash payment upon request.
Dismissal on health grounds
This process begins with a referral to the military medical board, signed by the Chief of Staff at regimental level or the Head of Personnel. The referral must be accompanied by the service record book, military ID card, officer’s certificate and a photograph; in the case of injuries, a statement detailing the circumstances of the injuries must also be submitted. The board issues a finding of unfitness or temporary unfitness, with a review due in six or twelve months, and sends it to the unit. The serviceman then submits a report to his commander, describing his health problems and stating whether they are related to a flare-up of a chronic illness or to injuries sustained previously.
Where disability has already been established, the procedure is shorter. The report, which is considered within thirty days, must be accompanied by a certificate attached to the report of the medical and social expert commission or the decision of the expert team assessing daily functioning, a pension certificate and a certificate confirming the award of social assistance. Once approved, the serviceman is issued with an extract from the order.
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Retirement on grounds of age
The maximum age for service is 60, and 65 for senior officers. Upon reaching this age, a serviceman submits a report, attaching a certified copy of his passport and military ID. It is not compulsory to undergo a medical examination here; thereafter, the standard procedure applies — an order is issued, duties are handed over, the service member is removed from the rolls and registered as a civilian.
Resignation from service due to family circumstances
Article 26 of the Law ‘On Military Duty and Military Service’ grants the right to be exempted on the grounds of family circumstances during a state of martial law, and the list of grounds is extensive. These include pregnancy among female service personnel and parental leave, situations where both spouses are serving and have a minor child, having three or more children under the age of 18, and raising a child alone following the death or deprivation of parental rights of the other parent. Other grounds include raising a child with a disability or serious illness, providing constant care for a spouse or parent with a disability, acting as a guardian for a person lacking legal capacity or for adopted orphaned children, as well as the death of close relatives during combat operations or their posthumous award of the title of Hero of Ukraine.
The list of documents depends on the circumstances and may include marriage and birth certificates, reports from the medical and social expert commission, court decisions regarding guardianship or adoption, certificates confirming family composition and the absence of arrears in maintenance payments. Once approved, the serviceman is issued with an extract from the order.
Foreign nationals, captivity and the office of judge
Foreign nationals and stateless persons serving on a contractual basis in the Armed Forces, the State Special Transport Service or the National Guard are entitled to resign of their own accord no earlier than after six months of continuous service. An extract from the order, a certificate of service and a copy of the foreign national’s passport or stateless person’s identity card must be attached to the report, after which the commanding officer issues the order.
Separate provisions apply to those released from captivity and to military personnel who have been appointed or elected to the position of judge, judge of the Constitutional Court, member of the High Council of Justice or member of the High Qualification Commission of Judges. In the first case, copies of the relevant pages of the passport, an extract from the order and a certificate confirming captivity must be attached to the report; in the second case, documents confirming appointment to the post and a copy of the employment record book must be attached.
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When a serviceman was killed
Following notification from the regional centre, the military unit contacts the National Police to identify the body, whilst the centre informs the family of the body’s arrival, arranges the burial and assists with gathering the necessary documents. Families may be granted the status of a family member of a fallen defender of Ukraine and receive the payments and benefits provided for by law.
The one-off financial assistance, as set out in Cabinet of Ministers Resolutions No. 168 of 28 February 2022 and No. 550 of 14 May 2024, amounts to 15 million hryvnias. Those entitled to this include children, the widow or widower, parents, grandchildren, a person with whom the deceased cohabited without being married (subject to confirmation by a court), and dependants. Entitlement arises from the date of death stated on the death certificate, and applications should be submitted to the district or city territorial centre, regardless of the place of registration, accompanied by an application form, documents proving identity and family ties, the death certificate and bank account details.
The Law ‘On the Status of War Veterans and Guarantees of Their Social Protection’ grants the families of the deceased a 50 per cent discount on rent, utility bills and fuel, free prescription medicines, sanatorium and spa treatment, priority access to housing and land plots, the preferential right to retain employment during redundancies, and admission without competitive examination to state and municipal higher education institutions. Additional benefits may be established by the Cabinet of Ministers and local authorities.
When a soldier’s fate is unknown
A serviceman is considered missing in action if there is no precise information regarding their fate following the completion of a combat mission. Upon receiving notification, the family submits an application to the National Police to search for a person missing under special circumstances, providing all known details and distinguishing features, whilst the closest relative provides biological samples for a DNA profile. Twenty-four hours after submitting the application, the family receives an extract from the Unified Register of Pre-trial Investigations, which includes the name of the investigating officer, and the details are entered into the Unified Register of Persons Missing under Special Circumstances.
Where a person has been missing for more than two years, or under certain conditions for six months or more, the family may apply to the court to have them declared dead under Article 318 of the Code of Civil Procedure. The court may declare the person deceased from the date of their presumed death, and this decision forms the basis for a death certificate issued by the Civil Registry Office.
When a defender is held captive
The family must submit a report to the National Police regarding the person’s capture, note down the report number and obtain an extract from the Unified Register of Pre-trial Investigations, as a criminal case is opened in such circumstances. Along with the report, they must submit a biological sample for DNA profiling. Any information regarding the captive must be reported to the investigator and submitted via the Personal Account on the Coordination Headquarters’ website for the Treatment of Prisoners of War, and the family must also contact the Joint Centre at the Security Service of Ukraine.
The families of prisoners of war, hostages, internees and those missing in action are paid a defender’s allowance in accordance with Cabinet of Ministers Resolution No. 884 of 30 November 2016. A serviceman is considered missing in action for the purposes of this payment if there has been no news of them for more than 15 days. Payments are made to the individual concerned, or, in their absence, to those in the first priority group—which includes a spouse, minor children, children with disabilities and parents—and only then to those in the second priority group. Documents should be submitted to any convenient regional centre, regardless of place of registration, and the unit commander will review them within 15 days.
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