Military personnel can certify powers of attorney, wills, and directives through commanders without a notary, and the documents will have full legal force. This was reported by the Ministry of Defense of Ukraine, writes UNN.
In conditions of intense combat operations and limited access to civilian infrastructure, the state has provided servicemen with a mechanism for direct realization of legal rights. Commanders of military units are empowered to certify documents that have the full legal force of notarized acts.
The Ministry of Defense of Ukraine explained why military personnel should certify some documents without a notary now, what documents a commander can certify, and how this happens.
Why it's worth doing now
In conditions of combat operations, servicemen often do not have the physical ability to visit a notary. The commander's authority removes this barrier: the defender can directly at the place of service (without trips, queues, and state fees) draw up documents with full legal force.
A power of attorney will enable relatives to act on behalf of the defender in institutions and banks. A will and a directive in case of death guarantee that property and payments will be received by those whom the defender himself has designated, and not by those whom the law designates in order of priority. A directive in case of captivity allows determining the direction of monetary support — for example, by fully directing money to someone who remained at home and needs support.
All documents certified by the commander have the full legal force of notarized documents. They can be canceled or updated at any time — by submitting a new document to the same commander or a notary.
What documents can a commander certify
List of documents that a commander can certify free of charge
- Power of attorney. The document authorizes another person to act on behalf of the serviceman: receive payments, represent interests in state bodies, manage bank accounts, etc. The only limitation: a power of attorney certified by a commander cannot concern the disposal of real estate, securities, or corporate rights — these actions require a notary.
- Will. That is, the disposition of property in case of death. A will certified by a commander has the full legal force of a notarized will. It can be canceled or replaced with a new one at any time.
- Personal directive in case of death. Determines to whom and in what share to pay a one-time monetary assistance. Without this document, the distribution occurs according to the general norms of the inheritance law and may not coincide with the will of the defender.
- Directive in case of captivity or disappearance. This is a new instrument introduced in 2025. Without such a directive, monetary support is paid to first-line relatives (wife/husband, children, parents), but only within 50% of the accrued amount - the rest is retained by the serviceman and paid to him upon return. A personal directive gives the defender the opportunity to independently determine who and in what share will receive the funds - up to 100% to one person of his choice.
How documents are certified
The procedure begins with an appeal to the direct commander or an authorized official. Before certification, the commander is obliged to explain the rights and legal consequences, ensure free will, check the document's compliance with legislation, and, if desired, help draft it. The signature is affixed in the presence of the commander and witnesses (obligatory in the case of certifying a will), after which the document is registered in the journal.
The legislation provides that powers of attorney and wills are transferred to the Ministry of Justice and subsequently registered in the Unified Register of Powers of Attorney or the Inheritance Register, respectively. The original personal directive is attached to the personal file and transferred for storage to the TCC and SP, and the serviceman retains a copy of the document with the corresponding mark.
Legal framework and its evolution
The commander's authority to certify documents is not an invention of wartime. This norm was laid down in the Civil Code of Ukraine (Articles 245 and 1252) and specified by Cabinet of Ministers Resolution No. 419 of 1994: a commander in places where there is no notary could always certify wills and powers of attorney for his subordinates and their family members. Previously, this norm operated with a single territorial restriction — powers were granted exclusively in those locations where there was no access to the services of civilian notaries.
With the beginning of the full-scale invasion, the state consistently removed this restriction and expanded the list of actions. Cabinet of Ministers Resolution No. 164 of February 28, 2022, introduced a special notary regime in conditions of martial law: the commander received the right to certify powers of attorney regardless of the location. Cabinet of Ministers Resolution No. 719 of June 24, 2022, clarified the list of actions and the procedure for registering certified documents.
The newest layer of legislation concerns personal directives. Law No. 3995-IX of February 1, 2025, enshrined the right of every serviceman to draw up a separate directive in case of captivity or disappearance — regarding the distribution of monetary support. Cabinet of Ministers Resolution No. 550 of May 14, 2024, (with amendments No. 449 of April 15, 2025) approved the procedure for transferring these documents and granted commanders the authority to certify signatures on them.