RECEIVING MILITARY VACATION DURING MARIAL LAW

The procedure for granting leave to a serviceman during martial law on the territory of Ukraine is regulated by the Law of Ukraine “On the social and legal protection of military personnel and members of their families” (hereinafter referred to as the Law) and the Regulations on military service by citizens of Ukraine in the Armed Forces of Ukraine approved by Decree of the President of Ukraine dated 10 December 2008 № 1153/2008 (hereinafter referred to as the Regulation).

Thus, the right of military personnel to leave and the procedure for granting and withdrawing vacations to military personnel during martial law is regulated by parts 18 and 19 of Article 101 of the Law, according to which, during a special period during martial law, military personnel may be granted leave for family reasons and for for other valid reasons with the preservation of monetary allowance lasting no more than 10 calendar days, excluding the time required for travel within Ukraine to the place of vacation and back, but not more than two days one way.

The provision of other types of leave to servicemen during the periods provided for in paragraphs 17 and 18 of this article shall be terminated, except for leave to servicemen for women in connection with pregnancy and childbirth; leave to care for a child until he reaches the age of three and, if the child needs home care - for the duration specified in the medical certificate, but not more than until he reaches the age of six (if both parents are military personnel, - one of them by their decision ) ; sick leave or for treatment after a serious injury on the conclusion (decree) of the military medical commission.

That is, during the period of martial law on the territory of Ukraine, a serviceman may be granted leave only for family reasons and only for 10 calendar days.

Such legal regulation is contained in paragraph 186 of Section VIII of the Regulations.

I emphasize that the provision of such vacations is the right of the commander (chief) and by no means an obligation, which means that this issue is decided at the subjective discretion of the commander (chief).

Moreover, in order to increase the chances of a soldier to receive leave during martial law, it is necessary to submit, along with the leave report, documents confirming certain family circumstances and which may serve as the basis for granting such leave.

Typically, these family circumstances include:

• death of a family member;
• illness of a soldier or family member;
• military marriage;
• wife's birth;
• birth of a child;
• destruction of family members' homes;
• the need to resolve the issue of finding a new one, etc.

Therefore, a member of the military may receive leave during martial law by filing a correct report and noting serious family circumstances.

Lawyers of Prikhodko&Partners Law Firm will provide qualified legal support regarding the correct preparation and submission of a report on the provision of leave to a serviceman during martial law.