The procedure for military personnel to be discharged due to caring for relatives has been simplified: what the Ministry of Defense order changed

In Ukraine, the forms of documents, the procedure of actions of territorial recruitment and social support centers, the composition of the commission, and the maximum verification periods have been defined at the regulatory level. Relevant changes were approved by the Ministry of Defense Order No. 274 dated April 28, 2025, and came into force on July 15, 2025. What has changed for servicemen and how the procedure for obtaining the family status verification act takes place was analyzed by the "Judicial and Legal Newspaper".

Why this document is important

The family status verification act of a serviceman is one of the key documents to confirm circumstances related to the need for constant care for close relatives. This document is used when considering the issue of discharging a serviceman from service for family reasons in cases provided for by subparagraphs 13 and 14 of paragraph 3 of part 12 of article 26 of the Law "On Military Duty and Military Service."

In practice, the lack of a clearly regulated procedure for obtaining such an act often became the cause of disputes between servicemen, military units, and territorial recruitment centers.

What the Ministry of Defense order changed

By Order No. 274, the Ministry of Defense amended the Instruction on the organization of the implementation of the Regulation on the military service of citizens of Ukraine in the Armed Forces of Ukraine. The document for the first time approved: the form of the report and application for conducting family status verification; the form of the family status verification act; the procedure for interaction between the military unit and the TRSSC; verification periods; the composition of the commission and its powers.

Essentially, this is about creating a unified mechanism that should operate uniformly throughout Ukraine.

How to obtain the act: two possible options

The procedure provides two ways to obtain the family status verification act. Option one: through the commander of the military unit. In this case, the serviceman submits a report addressed to the commander or head of the military unit. The report must be accompanied by documents confirming the right to be discharged from military service on the relevant grounds, or properly certified copies of such documents. After receiving the report, the military unit commander is obliged within three days to send a request to the relevant TRSSC for conducting the family status verification.

Option two: direct appeal to the TRSSC. The serviceman may independently contact the head of the territorial recruitment and social support center. The application is submitted to the TRSSC at the declared or registered place of residence or stay of the person for whom the serviceman provides or plans to provide constant care. The application form is similar to the report form and approved by the Ministry of Defense order.

Lawyers note that this option may be especially useful in cases where the military unit for some reason delays sending the relevant request.

How the commission works

After receiving the application or request, the head of the TRSSC must create a family status verification commission within one calendar day. Its composition includes: the deputy head of the TRSSC as the commission chair; at least three representatives of the territorial center. During the verification, the commission: analyzes submitted documents; visits the residence of the person requiring care; checks for the presence of other family members who can provide care; obtains information from state registers; sends requests to government bodies and other state institutions; verifies information about the provision of social care services. Essentially, the commission must establish not only the health status of the person but also the real need for care specifically from the serviceman.

What deadlines are set

One of the main innovations was the establishment of specific deadlines. The military unit commander must send a request to the TRSSC within three days after receiving the report. The head of the TRSSC has one day to create the commission. Up to ten calendar days are allocated for the verification.

If the commission sends additional requests to government bodies and does not receive a response, it should not wait indefinitely. If no response is received by the fifteenth day after the request registration, the decision is made based on the available documents, registry data, and other accessible information. After drawing up the act, the commission must send it to the serviceman and the military unit within five calendar days. Thus, the maximum period for obtaining the act after submitting the application or sending the request is about 24 calendar days.

What documents need to be submitted

The same documents required for discharge from military service for family reasons must be attached to the application or report. These include documents confirming: family ties; the health status of the person requiring care; the need for constant external care; other circumstances provided by law. Originals or properly certified copies of documents may be submitted.

What issues remain unresolved

Despite positive changes, the new procedure did not resolve all problems. One of the most controversial issues remains the definition of the circle of family members who can provide care for the person. The commission must check for other relatives capable of providing care; however, the Ministry of Defense order does not contain a clear definition of who exactly should be considered such family members. This may lead to different approaches to assessing the same circumstances in different regions.

Equally important is the issue of applying on behalf of the person requiring care. The regulation on the TRSSC effectively preserves this possibility, but the new Ministry of Defense order does not detail it. This may create additional practical difficulties and lead to inconsistent application of the norms.

What has changed for servicemen

Before the new rules came into force, the procedure for obtaining the act often depended on the practice of a particular TRSSC or military unit. Now servicemen have a clearly defined algorithm of actions, approved document forms, and specific deadlines that officials must observe. In addition, the legislator has effectively established a safeguard against unjustified delays in verification. Even if government bodies do not respond to the commission's requests, it must still make a decision no later than the established deadline. This should significantly reduce cases where consideration of the issue of discharging a serviceman was delayed for several months.

Ministry of Defense Order No. 274 became one of the most anticipated changes for servicemen planning to exercise the right to be discharged due to the need to care for close relatives. The document for the first time established a clear procedure for obtaining the family status verification act, defined responsible persons, verification deadlines, and document forms. This allows for greater legal certainty and predictability of the procedure.

At the same time, certain issues, including criteria for defining family members and the procedure for applying on behalf of the person requiring care, remain open. These may become the subject of new disputes and court proceedings in the future.

For servicemen, the main conclusion is that the mechanism for obtaining the act is now officially regulated, and the maximum period for its issuance is limited. This provides more opportunities to protect their rights in case of unjustified refusals or delays by officials.

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