Publication date: 16.11.2024
Service in the Armed Forces of Ukraine (AFU) is a responsible and essential duty that protects the sovereignty, territorial integrity, and national security of the country. The AFU comprises various military units: ground forces, navy, air force, and other special units, each with specific tasks.
However, even in such circumstances, the right to rest remains an important aspect of military personnel's quality of life. Therefore, it is crucial to understand how Ukraine's leave system is organized for the military, the rights to rest they are entitled to, and how this impacts their health and service effectiveness.
Leave for Military Personnel: What It Is and Why It Matters
Military leave is a period of temporary release from duty that grants the right to rest, recover strength, and attend to personal matters. It is an essential component of maintaining the mental and physical health of service members, who face high workloads and stress during their service.
Legal Regulation of Leave for Military Personnel
The main legislative act regulating military leave in Ukraine is the Law of Ukraine "On Social and Legal Protection of Military Servicemen and Members of Their Families." This law provides several types of leave for military personnel, including:
- Basic Annual Leave: Granted on general terms, with length depending on the service term. For soldiers and sergeants, it is up to 30 days; for officers, up to 45 days. Annual leave may be extended by including public holidays and non-working days that fall within the leave period.
Additional Leave: Granted for special service conditions. For example, personnel serving in dangerous areas are entitled to extra rest days.
Leave for Family Circumstances or Other Significant Reasons: This leave can be taken when necessary for important personal events such as the birth of a child, marriage, the death of close relatives, or other situations requiring personal presence.
Medical Leave: If a service member is wounded or injured while on duty, they have the right to take leave for treatment and rehabilitation.
The law also allows for the transfer or extension of leave if a service member is hospitalized during their leave, making the conditions more flexible for military personnel.
Psychological Aspect of Leave in the AFU
Mental health is critical for military personnel, particularly those in combat zones who face extreme stress. Such experiences can lead to serious psychological issues, including post-traumatic stress disorder (PTSD), depression, and anxiety. Leave is a method of preventing such disorders, as it allows military personnel to take a mental break and return to civilian life, even if briefly.
Leave During Combat Operations: Challenges and Conditions
The situation is much more complex for military personnel on the front lines or in active combat zones. In such cases, leave may only be granted under extraordinary circumstances and with command approval. Frontline personnel often cannot take full leave, significantly increasing their stress and physical burden.
Rotation of military units can allow some soldiers to leave combat zones and receive much-needed rest. However, in times of intense combat, such rotation may be delayed, adding to the physical and mental strain on service members.
Financial Support During Leave
During leave, military personnel retain their financial support, including basic salary and additional allowances. If a service member is on leave for medical reasons, all treatment and rehabilitation expenses are covered by the state. This enables service members to receive necessary medical care without financial hardship and supports their quicker return to duty.
For leave taken for family reasons or other significant circumstances, financial support remains the same as during active duty. This ensures income stability for the families of service members, who often rely on their earnings, especially when the service member is the sole breadwinner.
Social Protection and Support for Military Families
Social protection for military personnel is especially relevant for those involved in combat. The state provides benefits and social payments for the families of service members, including medical care, financial aid, and support in the event of the loss of a breadwinner. Leave allows service members to spend more time with their families, helping to strengthen family ties and ensure support from loved ones.
Additionally, psychological assistance is available not only to the service members themselves but also to their families, who also face challenges and worries related to the absence and active duty of their loved ones.
Question
What are the conditions for military personnel to receive leave under martial law in Ukraine?
Answer
Under Ukrainian law, AFU military personnel are entitled to several types of leave: annual, additional, for family circumstances, and medical. However, under martial law, leave may be restricted depending on the operational situation. In such cases, military personnel may only take leave for family circumstances (e.g., severe illness or the death of close family members) or for medical reasons when they need treatment and rehabilitation.
Question
What is the procedure for arranging leave for military personnel?
Answer
To obtain leave, a service member submits a report to their commander, specifying the reason and duration of the leave. The commander decides based on the operational situation. In urgent cases (e.g., family matters), leave may be granted without full procedural compliance, though its duration is usually shorter.
Legal Basis for Leave. Clarification of legal grounds for taking leave. Assistance in determining leave type: basic, additional, or family-related.
Document Assistance. Preparation and submission of leave request reports. Verification of correct leave documentation.
Support for Leave Extensions. Consultations on extending leave in case of hospitalization. Assistance with medical certificates and coordination with command.
Consultations During Martial Law. Explanation of leave restrictions and procedures under martial law. Guidance on obtaining leave approval during combat.
Appeal Against Leave Denial. Drafting appeals in cases of unjustified leave denial. Preparation of appeals to higher authorities to protect military rights.
Financial Support During Leave. Consultation on pay and compensation during leave. Explanation of rights to financial compensation for medical leave.
Leave for AFU personnel is not just a right to rest; it is a necessary element for maintaining their mental and physical health and enhancing service effectiveness. While leave arrangements have unique procedures, Ukrainian legislation generally provides a wide range of opportunities for military personnel in need of rest or personal time. In wartime conditions, leave becomes especially crucial, as every service member needs support and recovery time to continue fulfilling their duties. Ensuring proper rest conditions for military personnel is a state responsibility that has a direct impact on Ukraine's security and defense capabilities. If you or your close servicemember have been denied a proper leave for an extended period by the command, we recommend seeking the services of a military lawyer.
