Фото: Dismissal from the Armed Forces of Ukraine on disability

"A lawyer is someone who transforms the complexity of the law into the simplicity of justice."

Honcharenko Danylo

Lawyer in the field of military pensions and military law.

Contact now

Dismissal from the Armed Forces of Ukraine on disability

Reading time: 3 min.

Protecting the rights and social guarantees of servicemen with disabilities is an important task for the state, especially under martial law. For a long time, there was a gap in the legislation that complicated the process of dismissal for this category of persons. However, the adopted Law of Ukraine No. 10449 resolved this issue by granting servicemen with disabilities the right to be discharged without going through additional procedures.

Legislative changes

The legislative regulation of the discharge of servicemen from the Armed Forces of Ukraine due to disability was an important step in ensuring the rights and social protection of this category of persons. Prior to the adoption of Law No. 10449, servicemen with disabilities faced significant obstacles when trying to discharge from service.

 

New regulation of the procedure for dismissal from the Armed Forces of Ukraine

The previous version of the Law “On Military Duty and Military Service” in Article 26 did not provide for disability as a ground for dismissal from service. This meant that persons who had received the status of a disabled person, whether before or during martial law, were obliged to continue to perform their duties, regardless of the nature and severity of their physical disabilities. The only way to discharge disabled servicemen was to obtain a conclusion from the Military Medical Commission (MMC) that they were unfit for military service, but obtaining such a conclusion was also difficult due to differences in the criteria used to determine disability and fitness for service.

Law №10449, which entered into force on May 18, 2024, closed this gap by granting servicemen with disabilities the right to be discharged from service without the need to undergo the military qualification examination.

Important! This right applies to all servicemen and women, regardless of when they became disabled, during their service, or before martial law.

The procedure for discharge from military service

In order to exercise the right to discharge from service, a serviceman with a disability must submit a report for discharge from the Armed Forces of Ukraine together with supporting documents to the commander of the military unit. The documents confirming the right to discharge are: a certificate to the medical and social expert commission (MSEC) examination report, a pension certificate or a certificate of social assistance. Copies of these documents must be notarized.

Important! After discharge, servicemen are obliged to register for military service at the district territorial center for recruitment and social support. They retain the status of persons liable for military service, but at the same time can apply for a deferment from mobilization due to disability.

 

Legal support of the procedure for dismissal from the Armed Forces of Ukraine

If you have any additional questions or your rights to discharge from military service due to disability have been violated, please contact the law firm “Prikhodko & Partners” for qualified legal assistance, we specialize in military issues and provide a full range of services to support the relevant legal procedures.

Fill out the form on our website and our lawyer will contact you shortly.

Calculate the price of assistance:

1 question

Have other lawyers handled your case?

Yes
No

2 question

Are you in Kyiv or Kyiv region?

Yes
No

3 question

Do you need legal assistance urgently?

Yes
No

Lawyer in the field of military pensions and military law.

Contact now
How helpful was the article? Rate:

5

Count of grades:

12

20%
discount
If we do not
call back
during the day
Consultation
Law Company
Leave a request for legal assistance right now:
The best lawyers
Fair price
We work quickly
Online / offline consultation