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 mean that the serviceman will necessarily 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 allow ignoring appeals, unjustifiably demanding documents not provided for by legislation, or refusing without proper legal justification. Due to misunderstanding of the procedure, many servicemen face delays in the consideration of reports or receive refusals, which they then try to appeal in court. However, judicial practice shows that not every appeal ends in favor of the plaintiff. Often the reason is the 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 when a serviceman may be dismissed from service.

The law does not provide for the possibility to terminate 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 the order of the Ministry of Defense dated August 7, 2024, the Procedure for organizing work with servicemen's reports in the Ministry of Defense 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 start of the period for consideration of a paper report begins from the time of submission of the report, not from the time of its registration in the clerical service. The time of submission of a paper report is the date of transfer of the report for approval to the immediate commander of the serviceman, and in case of refusal to consider the report by the immediate commander – the date of transfer of the report to the direct commander.

If the report is sent by postal means, the time of submission is the date the report arrives at the post office at the location of the relevant unit.

The command must consider the serviceman's report promptly, but no later than 48 hours from the time of submission by the serviceman – regarding issues related to military discipline, duties of personnel during execution of combat orders (instructions), preservation of life and health of personnel, leave for family reasons and other valid reasons; within no more than 14 days from the day of submission by the serviceman – regarding other issues.

Why servicemen receive refusals

In practice, reasons for refusals can be conditionally divided into two categories. The first is when the military unit acts according to the law. For example, a serviceman submits a report but does not have a legally provided ground for dismissal or does not confirm it with proper evidence. In such a case, the command has the right to refuse. A common situation is when documents confirming the circumstances referred to by the serviceman are not attached to the report. These may be conclusions of medical commissions, documents about family ties, decisions of social protection bodies, disability certificates, or other evidence depending on the specific ground for dismissal.

The other category is when the military unit exceeds its authority. In particular, the command may demand documents not provided for by law, not consider the report for a long time, not provide a written response, or formally refuse without proper reasoning. Such actions may become the subject of judicial appeal.

A report must not only be submitted but also confirmed as received

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

However, even in this case, the key factor remains not the mere fact of appealing to the court, but the presence of legal grounds for dismissal defined by Article 26 of the Law of Ukraine "On Military Duty and Military Service".

What to do if the report is left without consideration

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

In practice, this mechanism often allows resolving the issue without 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 inaction of the military unit. If the report was considered but the serviceman received a written refusal, the decision to refuse dismissal is appealed. This determines the subject of evidence and further 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 did not consider the report, it may oblige the military unit to reconsider it. However, such a decision itself does not mean automatic dismissal from service.

After reconsideration, the command may either satisfy 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 the refusal.

When to appeal to an administrative court

The procedure for judicial appeal of decisions, actions, or inaction of 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 restore it, but the serviceman must prove that he objectively could not apply to the court on time.

Judicial practice

The courts' approach to such disputes is already established. The Supreme Court has effectively settled the question of whether the command can simply "not notice" a submitted report. In the ruling dated July 8, 2025, in case No. 580/6020/22, the Cassation Administrative Court as part of the Supreme Court stated that the 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 informed by letters that the serviceman had left the place of service without permission and must appear at the unit to resolve the issue. The courts of first and appellate instances recognized 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 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, completeness of the document package, and 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, or demands documents not provided by law, such actions can be appealed in administrative court.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, page on Facebook and on Instagram to stay informed about the most important events.