Discharge from Military Service under Martial Law: All Grounds in 2026

Under martial law, discharge from military service is possible only on the grounds expressly set out in Article 26 of the Law of Ukraine “On Military Duty and Military Service” No. 2232-XII. Below is the full list for mobilised servicemen and for those serving under contract.

Is there a “new law on discharge”? The grounds for discharge are still set by Article 26 of Law No. 2232-XII (the Law is in force as amended on 6 August 2026). The law does not provide for automatic discharge after a certain period of service. Demobilisation is a separate mechanism: its procedure and timing are decided by the President of Ukraine (Article 1 of Law No. 3543-XII).

Grounds for mobilised servicemen

Those serving on conscription during mobilisation are discharged under martial law (Article 26(4)(2)):

• on age grounds – on reaching the age limit for military service;
• on health grounds – based on a finding (resolution) of the military medical board of unfitness or temporary unfitness for service with re-examination in 6–12 months, and also in the case of a disability (unless the serviceman has expressed a wish to continue serving);
• on family circumstances or other valid grounds from the list in part twelve (see below);
• in connection with release from captivity (unless the serviceman has expressed a wish to continue serving);
• in connection with a conviction that has taken legal effect with a sentence of imprisonment or restriction of liberty;
• in connection with staff reductions – only for senior officers;
• in connection with appointment (election) as a judge or to other positions named in the law.

Grounds for contract servicemen

The same key grounds apply to those serving under contract: age, health, family circumstances, release from captivity (Article 26(5)(3)). A separate ground is the expiry of a contract concluded under martial law, where the serviceman has not expressed a wish to continue serving (subparagraph “zh”).

Family circumstances and other valid grounds

Under martial law there are 16 such grounds (Article 26(12)(3)):

1. Pregnancy of a servicewoman.
2. Leave to care for a child under three; also where the child needs home care for a period set out in a medical report, but no longer than until the child turns six.
3. A wife, where both spouses serve and have a child (children) under 18.
4. Three or more dependent children under 18 – except for those whose child support arrears exceed the total of three monthly payments.
5. A child under 18 where the other parent has died, been deprived of parental rights, been declared missing or absent, been declared dead or is serving a prison sentence. Also where the person raises and supports the child alone under a court decision, or the father was recorded on the basis of part one of Article 135 of the Family Code.
6. Adoptive parents, guardians, custodians, foster parents, parent-educators and foster carers of orphans or children deprived of parental care under 18.
7. Raising a child with a disability under 18 – where there are no other persons obliged to raise the child.
8. Supporting an adult child with a Group I or II disability.
9. Raising a child with a serious illness from the list in the law (including cancer, cerebral palsy, type 1 diabetes and severe mental disorders) without an established disability. This is confirmed by a document of a medical advisory commission and applies provided there are no other able-bodied persons obliged to support the child.
10. Permanent care of a wife (husband) with a Group I or II disability.
11. Care of a wife (husband) with a Group III disability – only in the cases named in the law: in particular, where the disability was assigned as a result of cancer or the absence of a limb, or there is a mental disorder or cerebral palsy.
12. Permanent care of one of one’s own parents or of the spouse’s parents with a Group I or II disability. Condition: there are no other first- or second-degree family members, or they themselves need permanent care according to a medical and social expert commission, a medical advisory commission or a decision of an expert team.
13. Permanent care of a second-degree family member with a Group I or II disability – on the same conditions.
14. Guardianship of a person declared legally incapable by a court, where no other persons exercise guardianship.
15. The death or disappearance of a close relative while defending Ukraine. Close relatives are a husband, wife, son, daughter, father, mother, brother or sister (full or half sibling).
16. The posthumous award of the title Hero of Ukraine to a close relative for the events of the Revolution of Dignity.

For mobilised servicemen these grounds apply where the serviceman has not expressed a wish to continue serving.

Frequently asked questions

Can I be discharged if my brother has gone missing?

Yes, if your brother (full or half sibling) was killed or went missing while defending Ukraine. The same applies to a sister, parents, children and a wife (husband).

Is caring for parents with a Group III disability a ground for discharge?

No. For caring for parents the law requires a Group I or II disability. Group III is a ground only for caring for a wife (husband), and only in the cases named in the law.

Is discharge possible after a certain period of service?

Not for mobilised servicemen – one of the grounds in Article 26 is required. For contract servicemen, the expiry of a contract concluded under martial law is a ground.

What if my formal application is not considered or is refused?

Record the filing and the registration number. A refusal or inaction can be challenged, including in the administrative court. The discharge procedure is set out in more detail in the regulations on military service by citizens of Ukraine, so check the list of documents against the version in force for your type of service. How to draft the request, which documents to attach and within what time it must be considered is explained in our article “Request for Discharge from Military Service in Ukraine (Raport): Template, Documents and Procedure”.

This article reflects the position as of October 2026 (Law No. 2232-XII as amended on 6 August 2026). Legislation changes frequently; take advice before acting on it.

Need help with discharge? A lawyer will check whether your situation gives a ground for discharge and help with the documents and any challenge → Discharge from military service and demobilisation · Challenging military medical board decisions