Leave and Discharge from Military Service in 2026: The Rights of Service Members

Under martial law, service members retain the right to leave, pay and allowances, and discharge from service in circumstances defined by law. However, exercising these rights involves certain specifics. We explain how many days of leave service members are entitled to, under what conditions they can be discharged and what to do if the command refuses.

The main legislative act governing social guarantees for service members is the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families”.

Even under martial law, the legislation provides for several types of leave.

What leave is a service member entitled to?

Annual basic leave may amount to 30 calendar days. It is granted in parts, with one continuous part lasting at least 15 days.

There is also leave for family circumstances and other valid reasons lasting up to 10 calendar days. Grounds may include a serious illness of close relatives, the death of a relative, marriage or other circumstances that require the service member’s personal presence.

Separately, the legislation provides for leave for treatment after being wounded, as well as additional guarantees for certain categories of service members.

How do you apply for leave?

To obtain leave, you must submit a formal request (raport) addressed to the commander of the military unit. This can also be done via the Army+ app, if the relevant type of request is available there.

Where necessary, documents confirming the circumstances are attached to the request.

The decision is made taking into account the requirements of the law, the combat situation and the capabilities of the unit.

When can you be discharged from service?

The grounds for discharge are set out in Article 26 of the Law of Ukraine “On Military Duty and Military Service”.

Under martial law, discharge is possible, in particular, on health grounds, due to family circumstances defined by law, upon reaching the age limit or on other statutory grounds.

At the same time, the grounds may differ depending on whether a person is serving under mobilisation or under contract.

The mere wish to end one’s service, or a long period spent in the army, does not always constitute an independent legal ground for discharge.

What should you do if discharge is refused?

First of all, you need to obtain and analyse the official response to your request.

If the command unlawfully refuses discharge or fails to consider the documents, the service member may use the established appeal mechanisms, in particular by applying to higher command or to an administrative court.

To protect your rights, it is important to keep copies of your requests, medical reports, supporting documents and the military unit’s responses.

If you still have questions or need legal assistance and advice, contact the lawyers of the Strategic Advocacy law association.