How to join the Ukrainian Army: legal advice for foreigners who want to

How to join the Ukrainian Army: legal advice for foreigners who want to

One of the most popular questions that our experts get after the full-scale invasion started is “Can you join the Ukrainian army as a foreigner?”. In this article, our experts have collected a maximum of answers to questions about how a foreigner can join the defense of Ukraine.  

Foreigners can join the Armed Forces of Ukraine

Since the beginning of the full-scale armed invasion of Ukraine by the Russian Federation on 24 February 2022, foreign citizens have been actively joining the Armed Forces of Ukraine voluntarily to fight for Ukraine and protect the territorial integrity and sovereignty of Ukraine. 

The International Defense Legion of Ukraine, which is part of the Armed Forces of Ukraine, was formed to enable foreigners to enlist in military service and to defend Ukraine in the fight against the aggressor state. 

Further detailed information about the International Legion can be found here: https://ildu.com.ua/

Following the Decree of the President of Ukraine No. 82/2022 of 28 February 2022, a visa-free regime was introduced for foreigners who have joined the International Defense Legion of Ukraine.  

Requirements for foreigners to perform military service 

According to the Law of Ukraine “On Military Duty and Military Service”, foreigners who are legally residing in Ukraine may perform military service in the Armed Forces of Ukraine. Women can also be recruited for military service under a contract, but only if there are vacant military positions. 

Foreigners who are eager to join the Ukrainian Army can be recruited for military service after signing a contract. 

General requirements to start military service: 

  1. Age from 18 to 45 years, or 50 years, or 55 years depending on the military position;  
  2. Right to legally reside in Ukraine;
  3. Identity document availability. 
  4. Absence of criminal record;
  5. Suitable health conditions for military service;
  6. Passing through the professional and psychological selection successfully;
  7. Sufficient level of physical fitness;
  8. Previous experience of military service (non-mandatory). In case of relevant experience absence, foreigners accepted for military service are to be sent to educational units for training and undergoing special courses for the acquisition of the relevant military specialty.

Procedure for the enlistment of foreigners who legally reside in the territory of Ukraine for military service

Stage 1. Submission of documents

To enlist for military service, foreigners apply to the territorial recruitment and social support center at their place of residence or directly to the military unit in which they wish to serve under the contract. 

Stage 2. Inspections 

The relevant territorial recruitment and social support center in a way of sending inquiries to the competent authorities, and conducts checks on foreigners who have expressed a desire to perform military service to verify the legality of their stay in Ukraine, the availability of identity documents, the absence of a criminal record, and the accuracy of other information provided by the foreigner. 

Step 3. Providing consent to the processing of personal data.

Stage 4. Passing a mandatory medical examination by the Military Health Commission.

Stage 5. Professional and psychological selection.

Stage 6. Passing the physical training standards. 

Stage 7. Signing a contract.

Depending on the position, the contract is concluded for 3 years or a period of up to 5 years. 

Cases when a foreigner is barred from entering into a contract  

A contract for military service cannot be concluded when: 

  1. The foreigner is staying in Ukraine illegally.
  2. There is an outstanding criminal record.
  3. No consent to the verification of information or identity document checks was provided.
  4. The fact of submitting false information or forged documents has been established.
  5. The time remaining for the foreigner to reach the age limit for military service is less than the term of the prospective contract for military service.

Procedure for the enlistment of foreigners residing outside Ukraine for military service 

Such foreigners can enlist for military service through the mechanism of joining the International Defense Legion of Ukraine. 

To join the International Legion of Ukraine, foreigners residing abroad must apply to the Embassy of Ukraine in the country of citizenship or legal residence. A sample application can be found at the following link: https://bit.ly/3BSVjAh

A foreigner should submit an application and his/her passport, as well as documents confirming military service in the past (in case of availability).  

The documents can be submitted either during an in-person visit to a diplomatic mission of Ukraine abroad or via electronic means of communication. 

After verification of the submitted information, the foreigner will have an interview at the Embassy with a defense attaché. Further, an application is submitted for enlistment in the Armed Forces of Ukraine for voluntary military service under a contract.

After having been authorized to travel to Ukraine, the foreigner will receive instructions, the necessary documents, and equipment. It is recommended to bring a military kit, such as clothing items, equipment, a helmet, and body armor, if available.

Then a foreigner should go to Ukraine and upon arrival signs a contract for military service. 

Peculiarities of military service undergone by foreigners 

Foreigners enlisted for military service under a contract are subject to a probationary period of 2 months. If it is established that a foreigner who has entered military service is unable to take up a military position and perform official duties, as well as the repeated violations of military discipline are uncovered, the foreigner is considered to have failed the probationary period.

A foreigner who is enlisted for the first time in military service takes an official obligation to strictly observe the Constitution and laws of Ukraine and to faithfully perform the duties of military service.

State guarantees for foreign military personnel 

The amount of financial support for foreigners is determined at the same level as for military personnel who are citizens of Ukraine. In addition, foreigners and stateless persons are entitled to one-off financial assistance in the event of the death of a serviceman, disability, or partial disability. The family members and parents of the deceased serviceman are entitled to such a payment in the event of the death of a serviceman. 

In this respect, it is necessary to carefully fill in the information about foreigners’ family members at the time of enlistment for military service. 

The contract may be terminated at the foreign serviceman’s request at any time. 

Ukraine is taking all possible measures to provide foreigners with the opportunity to be freely involved in military service, to help the Ukrainian people, and to fight against the aggressor state.

Is it legal for Americans to fight for Ukraine?

For Americans seeking to provide assistance to Ukraine, there are two options to consider. First, the International Defense Legion of Ukraine is a military unit that allows foreign nationals with combat experience to join and serve in the Ukrainian army.

Alternatively, join the Ukrainian Volunteer Army, the unofficial movement created specifically to assist the regular military forces, encourages volunteers to join, including Americans. While this may still carry certain legal risks and implications, the process and requirements for joining this unit are different from joining the International Defense Legion of Ukraine.