A Report Does not Guarantee Dismissal: When a Military Unit Has the Right to Refuse and When Its Actions Can Be Appealed

Submitting a report for dismissal from military service does not, in itself, guarantee that the serviceman will be removed from the personnel list. Despite common belief, the command is not obliged to approve every such report solely because the serviceman wishes to terminate service or due to difficult life circumstances.

At the same time, the law does not permit ignoring appeals, unjustifiably demanding documents not provided for by legislation, or refusing without proper legal justification. Due to a misunderstanding of the procedure, many servicemen experience delays in the consideration of reports or receive refusals, which they then attempt to appeal in court. However, judicial practice shows that not every appeal concludes in favour of the plaintiff. Often, the reason is a lack of legal grounds for dismissal or improperly prepared documents.

What grounds for dismissal does the law provide?

The procedure for dismissing servicemen during martial law is defined by Article 26 of the Law of Ukraine "On Military Duty and Military Service". This article contains an exhaustive list of cases in which a serviceman may be dismissed from service.

The law does not provide for the possibility of terminating service solely at one's own request. Depending on the category of serviceman and type of service, such grounds may be:

• reaching the maximum age for military service;
• unfitness for military service due to health condition based on the conclusion of a military medical commission;
• certain family circumstances directly defined by law;
• dismissal after captivity at own request;
• entry into force of a guilty verdict by a court;
• other cases directly provided for by Article 26 of the Law.

It is worth noting that the law pays special attention to family circumstances. However, each must be documented and meet legal requirements. The mere fact of a relative's illness, having children, or difficult life situations is insufficient if such circumstances do not meet the criteria established by law.

How to Properly Submit a Report

By order of the Ministry of Defence dated 7 August 2024, the Procedure for organising work with servicemen's reports within the Ministry of Defence system of Ukraine was established. According to the document, in a paper report the serviceman indicates:

• the name of the position of the commander (chief) to whom the report is addressed;
• the heading "Report";
• the essence of the issue raised;
• a list of documents attached to the report or their copies (if necessary);
• the name of the position held;
• military rank, first name and last name;
• date;
• personal signature.

The period for considering a paper report begins from the time of its submission, not from its registration in the clerical service. The submission date of a paper report is the date it is transferred for approval to the serviceman's immediate commander. If the immediate commander refuses to consider the report, the submission date becomes the date it is transferred to the direct commander.

If the report is sent by post, the submission date is the date it arrives at the post office located at the relevant unit.

The command must consider the serviceman's report promptly. For issues related to military discipline, personnel duties during combat orders/instructions, preservation of life and health, or leave for family and other valid reasons, the report must be considered no later than 48 hours from submission. For other issues, it must be considered within no more than 14 days from the day of submission.

Why servicemen receive refusals

In practice, reasons for refusals can be broadly divided into two categories. The first is when the military unit acts in accordance with the law. For example, a serviceman submits a report but lacks a legally stipulated ground for dismissal or fails to provide proper supporting evidence. In such cases, the command has the right to refuse. A common situation is when documents confirming the circumstances cited by the serviceman are not attached to the report. These might include medical commission conclusions, documents proving family ties, decisions from social protection bodies, disability certificates, or other evidence, depending on the specific grounds for dismissal.

The other category is when the military unit exceeds its authority. This can involve the command demanding documents not required by law, failing to consider the report for an extended period, not providing a written response, or issuing a formal refusal without proper reasoning. Such actions may be subject to judicial appeal.

A report must not only be submitted but also have its receipt confirmed

One of the most common mistakes is the lack of proof that a report was submitted at all. In case of a dispute, the serviceman must be able to prove that the command received their appeal. Practically, this can be achieved in several ways: submit the report through the military unit's clerical office and obtain a registration mark, keep a copy with an incoming number, or send documents by registered or valuable post with an inventory of contents and a delivery notification. Having such evidence is crucial when filing a complaint or pursuing action in an administrative court.

However, even with such proof, the key factor remains not merely appealing to the court, but the presence of legal grounds for dismissal as defined by Article 26 of the Law of Ukraine "On Military Duty and Military Service".

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What to do if a report is not considered

The obligation to consider a serviceman's appeal does not depend on whether the command agrees with the arguments presented. If a report is properly submitted, the military unit must consider it and inform the applicant of the decision. If there is no response, or if the appeal is effectively ignored, the first step is to ensure there is proof of submission. Following this, the serviceman may file a complaint with higher command.

In practice, this mechanism often resolves the issue without recourse to a court dispute. If inaction continues, the next step may be to appeal to an administrative court.

If the command did not consider the report at all, the subject of the lawsuit will be the military unit's inaction. If the report was considered but the serviceman received a written refusal, the decision to refuse dismissal is appealed. This distinction determines the subject of evidence and subsequent court proceedings.

Does a court decision mean automatic dismissal?

This is one of the most common misconceptions among servicemen. If the court finds that the command unjustifiably failed to consider the report, it may oblige the military unit to reconsider it. However, such a decision in itself does not mean automatic dismissal from service.

After reconsideration, the command may either approve the report or refuse again if it concludes there are no legal grounds for dismissal. In this case, the subject of a new court dispute will be the legality of that refusal.

When to appeal to an administrative court

The procedure for judicial appeal of decisions, actions, or inaction by military units is determined by the Code of Administrative Procedure of Ukraine. According to part five of Article 122 of the Code, in cases related to public service, including military service, a one-month period is established for appealing to the administrative court.

The law classifies military service as public service. If this period is missed for valid reasons, the court may reinstate it, but the serviceman must prove that they objectively could not apply to the court on time.

Judicial practice

The courts' approach to such disputes is already well-established. The Supreme Court has effectively settled the question of whether the command can simply "not notice" a submitted report. In its ruling dated 8 July 2025, in case No. 580/6020/22, the Cassation Administrative Court, as part of the Supreme Court, stated that a serviceman's obligation to submit a report corresponds to the commander's obligation to consider it.

In case No. 580/6020/22, the serviceman requested dismissal for family reasons because his wife had a Group II disability. After submitting the report, the military unit did not issue a dismissal order but instead informed him by letters that he had left his place of service without permission and must appear at the unit to resolve the issue. The courts of first and appellate instances recognised such actions as lawful. However, the Supreme Court noted that even in such circumstances, the command is not relieved of the duty to properly consider the report and make a reasoned decision. The court overturned the previous decisions in this part and sent the case for reconsideration.

In summary, the right to dismissal from military service during martial law is not absolute. It arises only in cases directly provided for by law, and each such ground must be properly documented. Therefore, submitting a report should not be regarded as a mere formality.

The correct determination of grounds for dismissal, the completeness of the document package, and the availability of proof of submission affect not only the command's decision but also the prospects of possible court disputes. If the military unit does not consider the appeal, unjustifiably refuses it, or demands documents not provided for by law, such actions can be appealed in an administrative court.

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