How to exercise the right to a deferral from military service mobilization for servicemen discharged upon contract completion, as regulated by Cabinet of Ministers of Ukraine Resolution No. 768 dated June 12, 2026
My morning as a lawyer will begin with an attempt to draw the attention of state and law enforcement agencies to the actions of the Obukhiv RTCC and SP, which, in my opinion, has decided to undermine the reputation of the Ministry of Defence of Ukraine and nullify all the State’s efforts to create motivational factors for attracting new conscripts to the army and for current servicemen to sign new motivational contracts
This is written by the host of the column «Lawyer Stories with Kateryna Ukraintseva» on the Prompolitinform portal.
It is simple. One does not need to know a mountain of laws or be an expert in legislation to connect the events into a logical chain.
I am providing legal support for the discharge of twelve servicemen from Military Unit A7042, whose three-year contracts ended this month. In accordance with subparagraph “zh” of paragraph 3 of part 5 of Art. 26 of the Law “On Military Duty and Military Service,” they are entitled to be discharged from military service. My support consisted of drafting reports and submitting them to the military unit, as these servicemen faced a common problem in the army: the inability to submit a report “through the chain of command,” meaning to their direct commander, and subsequent monitoring of the registration and consideration of these reports. As a result, they were all discharged from military service.
And here one might think it would end, as most would suppose, but no! The fact is that by introducing a new rule in May 2024, which granted the right to discharge to those who signed a contract after the imposition of martial law in Ukraine, the State did not say what happens next! In practice, it looks like this.
A serviceman receives an order for discharge and removal from personnel lists, which specifies which TCC and SP he must report to and within what timeframe to regain the status of a person liable for military service. And what happens next to those liable for military service? Correct!
Mobilization! Meaning discharge from military service without the right to leave the army.
Why did there not occur a flow of discharges for such contract soldiers after May 2024? Because in almost every military unit from which such a serviceman intended to discharge, they were explained: “You will be discharged, but you will be immediately mobilized again, and you might end up in a unit you did not choose, and your situation in the new unit might worsen significantly!” Thus, the majority decided to stay in at least the known conditions of military service.
However, in June 2026, the Ministry of Defence of Ukraine, led by Mykhailo Fedorov, presented its developments in creating motivational factors that should contribute to attracting recruits to the army. Numerous presentations, slides, and news across all information channels. It seemed as if every source was talking about new motivational contracts and additional compensation.
This concerned Cabinet of Ministers of Ukraine Resolution No. 768 dated June 12, 2026, which introduced a two-year experimental project (until June 2028) regarding new contracts with increased motivational factors for servicemen and special purpose police officers.
Additional payments and rewards of up to 460,000 UAH/month were presented. For performing special tasks in the first echelon: 170,000 UAH per month; for assault operations: 20,000 UAH per day in case of restoring/returning positions or structures; 40,000 UAH per day for capturing positions directly at the line of combat contact; 100,000 UAH for capturing an enemy prisoner; 15,000 UAH for destroying enemy manpower/equipment (with confirmation, such as video); 50,000 UAH per month for working at command posts; 10,000 to 30,000 UAH per month for instructor and basic support.
But the main motivational factor that truly interested the majority of current servicemen were the conditions of Cabinet of Ministers of Ukraine Resolution No. 768 dated June 12, 2026, which provided for the right of servicemen to a deferral after discharge upon contract completion! At least for six months, and in combination with additional conditions—participation in combat operations, serving since 2014—the deferral period could last two years or more. Since the biggest problem for our active military is the lack of clear terms of service, the appearance of this resolution gave at least some hope.
And despite the fact that during numerous presentations and the public signing of motivational contracts by Ministry of Defence officials, the attention was focused on these new motivational contracts, unnoticed by society—and I think it is not a coincidence—a provision appeared in Cabinet of Ministers of Ukraine Resolution No. 768 dated June 12, 2026, regarding the right to a deferral not only for those who signed motivational contracts but for EVERYONE who signed a regular contract for more than one year after the imposition of martial law in Ukraine!
Yes, in accordance with paragraph 8 of Cabinet of Ministers of Ukraine Resolution No. 768 dated 12.06.2026, those liable for military service who served under a contract signed for a term of at least one year after the imposition of martial law and discharged after this resolution entered into force due to contract expiration, family circumstances, or other valid reasons, are not subject to mobilization for six months from the day of discharge, and additionally for one month for every 30 days of direct participation in combat operations. A person liable for military service may be accepted or called up for military service during this period with their consent.
The relevant clarification regarding the right to such a deferral was also posted on the website of the Ministry of Defence of Ukraine.
It is this right to a deferral that my clients who discharged from Military Unit A7042 decided to use.
In principle, none of them had problems while registering at a TCC and SP, except for those who went to register specifically at the Obukhiv RTCC and SP!
Having clearly stated their right to a deferral with reference to the mentioned resolution and having submitted the appropriate applications, which the officials refused to accept, my clients heard open laughter and claims that this right to a deferral is not provided for by the Law of Ukraine “On Mobilization Preparation and Mobilization.”
That is exactly right: the Cabinet of Ministers of Ukraine and the Ministry of Defence of Ukraine presented new motivational factors to the entire country to attract more people to the army, while failing to propose amendments to the very law that defines the grounds for deferral!
And if other TCCs and SPs at least decided to adhere to the de facto social contract and not mobilize already discharged servicemen, even without providing an official deferral document and display in the Rezerv+ app, only the Obukhiv RTCC and SP decided to violate this principle and openly declare: “You were all played!” It does not matter what the Ministry of Defence of Ukraine presented to you, it does not matter what they post on their official website; you were simply deceived, there is no deferral!
Two of my clients, aged 52 and 54, were re-mobilized by the Obukhiv RTCC and SP. Like ordinary “draft dodgers” grabbed on the street. Like homeless people mobilized for the sake of a quota. They were forcibly taken to another settlement to a terrible detention room, held for a night, and the next morning they were escorted under guard to undergo the Military Medical Commission. People who voluntarily stood up for our country in 2022 and who sincerely believed in the State’s promise were simply thrown “into the basement.”
And here, honestly, one must say that on one hand, the Obukhiv RTCC and SP is legally correct, and indeed the Law on Mobilization did not provide for such a right to a deferral; however, who is the Obukhiv RTCC and SP to not follow a resolution of the Cabinet of Ministers of Ukraine!
Now I have a question for the Ministry of Defence of Ukraine and the Cabinet of Ministers of Ukraine! Will the same happen to those who have signed or will sign new motivational contracts and will be discharged?
Is this blatant fraud at the State level? Or is the State, in the person of its executive and law enforcement bodies, capable of changing this?
Today I am going to the Kyiv Specialized Prosecutor’s Office in the Sphere of Defence and will try to verify this!
I need everyone’s support!
Author: Kateryna Ukraintseva, lawyer and volunteer
Illustrative photo: VladiMens My grateful appreciation to E. S./C глубокой признательностью Е. С. / CC BY-SA 3.0
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