Юридичний супровід в звільненні військовослужбовця

Submitting a report to the Armed Forces of Ukraine

Servicemen and women have the legal right to resign from the Armed Forces of Ukraine. However, the procedure has undergone some changes during martial law. 

The Regulation on the Military Service of Citizens of Ukraine in the Armed Forces of Ukraine controls the processes and grounds for submitting a letter of resignation from the Armed Forces. However, it does not specify the procedure during mobilisation and martial law. Therefore, in their practice, lawyers rely on the rules for military personnel called up for regular service. 

You can get a sample resignation letter in our service, in the Documents section. It is important to provide legitimate and valid reasons. In the absence of such grounds, the head of the TCRSS will provide you with a response about the reason for the refusal. He or she will also inform your unit commander. 

Grounds for reports 

A report on dismissal is issued on valid grounds if 

• The serviceman has a spouse with a disability, one of his parents or the parents of his partner has a disability of group I or II. During mobilisation and martial law, a serviceman is exempted from conscription under these circumstances, unless he expresses his desire to continue to serve. 
• There are significant family circumstances: birth of a third child, loss of the sole breadwinner, etc. A relative or a serviceman submits an application for discharge from military service. A commission is appointed and the family status of relatives is checked. 
• According to the conclusions, early discharge to the reserve may be approved. The state of health no longer allows you to perform your duties. This point in the dismissal report is supported by the passage of a medical examination board. It provides an opinion on whether the illness or injury prevents further service.

 All these points are good reasons to submit a report. 

The procedure for submitting a report 

This document is submitted in the following order:

1.  After the request of the serviceman, the commander of the military unit sends a request to the TCRSS within a maximum of 3 days. 
2. The head of the district MCC of the joint venture appoints a commission that checks the legal grounds for the discharge within 10 days. 
3. The conclusions of the commission are considered within 3 days. If legitimate reasons are found, they are passed on to the commander. The commander is obliged to send the documents to the chain of command no later than three days after receiving them. 

The decision to sign the dismissal report is made at the headquarters of the Armed Forces of Ukraine. And no later than three days after the commander of the military unit has submitted all the necessary documents. 

Legal assistance in preparing a report

You can personally apply to the commander or your next of kin can submit an application to the military enlistment office. All military personnel can submit applications or complaints, or personally apply to the authorities and management. However, a lawyer will help you to systematise your report and make it legally correct. 

He or she will find legal grounds for dismissal and use a properly executed sample discharge report. This will speed up the process and provide all the necessary information for all parts of the procedure for considering the application at once. 

Advantages of contacting a legal specialist

Preparation of an application for discharge from military service. 

Analysing the situation before drawing up the report.

Successful outcome of the report on dismissal from the Armed Forces of Ukraine.