Nov. 25, 2025, 7:07 a.m.
(PHOTO: Bumble-Dee/Depositphotos)
During the armed aggression of the Russian Federation against Ukraine, some servicemen become unfit for military service with a review in 6-12 months.
Intent has been looking into which servicemen can be discharged during martial law.
According to Art. 26 of the Law "On Military Duty and Military Service", during martial law, servicemen are discharged from military service for health reasons to the reserve on the basis of a conclusion of the military qualification commission on their unfitness for military service with a review in 6-12 months.
In general, the ability to perform military service in the Armed Forces of Ukraine is determined by the state of health of a person liable for military service. It should be noted that the status of "limitedly fit for military service" is currently excluded from the legislation. According to the lawyers of ACTUM Attorneys at Law, instead of this resolution of the Military Qualification Commission, there is now a conclusion on fitness for service in military support units, TCC and JV, higher education institutions, training centers, institutions, medical units, logistics, communications, operational support, and security units.
Currently, the issue of undergoing a military medical examination is mentioned in many regulatory documents, but the mechanism of undergoing a military medical examination, the grounds for declaring a person unfit during the medical examination, and the list of diseases for obtaining a medical examination conclusion on unfitness are determined by the Order of the Ministry of Defense of Ukraine No. 402 of 14.08.2008 "On Approval of the Regulation on Military Medical Examination in the Armed Forces of Ukraine".
1. Unfit for military service.
After receiving such a decision, you must obtain a certificate of illness.
How to do it?
1) Submit your conclusion of the MEC, documents on medical examination, doctors' reports, Certificate of Injury, as well as your passport and military ID card to the regional MEC. Attach an application requesting approval of your MEC conclusion and issuance of a certificate of illness. You can do this through the medical institution where you underwent the VLC, or on your own (this is the best option).
2) In general, your command must implement the decision of the military medical commission on your unfitness immediately. That is, the commander of your military unit must issue an order dismissing you from service. This is also recorded in your military record. If such an order has not been issued, submit a report for discharge and attach the decision of the military enlistment commission to it.
3) After you receive the dismissal order, you must surrender your case and position. Then you will be removed from the military service lists.
4) Next, apply to the MCC and the JIC to be removed from the military register. If they do not do so, you remain in the status of a person liable for military service.
2. Unfit for military service with a review in six months or 6-12 months.
A military qualification commission may decide that a serviceman is unfit for military service with a review in 6-12 months in cases where a period of 6 to 12 calendar months is required to restore fitness for military service. For the period of unfitness indicated in the certificate of the MPC, a serviceman is discharged from military service to the reserve with the subsequent MPC (Article 26 of the Law of Ukraine "On Military Duty and Military Service"). If a serviceman wishes to do so, he can write a report for continuation of service in the positions provided for in the List (Order of the Ministry of Defense of Ukraine No. 410 of 14.08.2018 "On Approval of the List of Positions that Can Be Filled by Servicemen Recognized by Military Medical Commissions as Unfit for Military Service").
Servicemen and women who have been declared unfit for military service by the MEC with a re-examination in 6-12 months are sent from the health care institution to the MCC and JIC where the serviceman or woman will be registered after discharge (for example, at the place of residence). A serviceman discharged to the reserve does not need to return to the military unit to complete the documents for discharge. Documents can be obtained from the military unit at the MCC and JF at the place of residence, and the certificate of illness (certificate of the military medical examination) and other documents will be sent to the military unit and the MCC and JF by the medical institution where the serviceman was treated (Article 262 of the Statute of the Internal Service of the Armed Forces of Ukraine; Resolution of the Cabinet of Ministers of Ukraine of August 23, 2023 No. 901 "On Approval of the Procedure for the Exchange of Medical and Other Documents of Servicemen during a Special Period..."; Order of the Ministry of Defense of 15.09.2022 No. 280 "On Approval of the Instruction on the Organization of Personnel Records in the System of the Ministry of Defense of Ukraine"), in electronic form.
If a serviceman is declared unfit for military service by the MEC with a re-examination in 6-12 months, his actions are as follows:
Володимир Шкаєв