Transfer to another unit from the Armed Forces of Ukraine: Procedure, Grounds and Legal Aspects

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Publication date: 25.07.2024

Transfer to another unit from the Armed Forces of Ukraine: Procedure, Grounds and Legal Aspects

The transfer of servicemen from one military unit to another is an important procedure that can be triggered by various reasons, including service needs, personal circumstances or medical reasons. This process is regulated by Ukrainian legislation and internal regulations of the Armed Forces of Ukraine (AFU). This article discusses the main grounds for transfer, the procedure for transferring and the legal aspects relevant to servicemen.

Grounds for transfer

Military personnel may be transferred on various grounds, including:

• Service necessity: A transfer may be carried out to meet the needs of the military unit or to optimise the allocation of human resources. This may include a transfer to another unit where there is a shortage of personnel or where the specific skills and knowledge of the serviceman are required.
   
• Personal circumstances: A service member may be transferred on the basis of personal circumstances, such as family problems, the need to care for family members or a change of residence. Such transfers are carried out at the request of the serviceman and may be considered taking into account service capabilities.
   
• Medical reasons: A transfer may be necessary if there are medical conditions that make it impossible to continue serving in a particular region or military unit. In such cases, the military medical commission (MMC) may recommend a transfer to another unit with more favourable health conditions.
   

The procedure for transferring

The procedure for transferring servicemen includes several stages. First of all, the serviceman must submit a report to the commander of the military unit, which sets out the reasons for the transfer. The report should include personal data, military rank, position, and justification for the transfer.

The main stages of the transfer procedure include:

1. Submission of a report: The serviceman submits a report for transfer, in which he indicates the grounds for such a decision and attaches the necessary supporting documents (medical reports, certificates of family status, etc.).
    
2. Consideration of the report by the commander: The commander of the military unit considers the report and the submitted documents and then decides on the feasibility of the transfer.
    
3. Coordination with the higher command: In case of a positive decision, the military unit commander prepares a transfer proposal and sends it to the higher command for approval. The transfer is approved by a relevant order, after which the serviceman receives an order on transfer and an order on appointment to a new position.
    

Legal aspects and responsibilities

The transfer of servicemen is regulated by the Law of Ukraine ‘On Military Duty and Military Service’, as well as other regulations and internal documents of the Armed Forces of Ukraine. An important part of the transfer process is to comply with all legal norms and procedures to avoid possible conflicts or violations of servicemen's rights.

Commanders and other responsible persons are responsible for the legality and validity of the decisions taken on transfers. In case of violations of the rights of servicemen or improper performance of their duties, those responsible may be held disciplinarily or even criminally liable. Servicemen who believe that their rights have been violated during the transfer have the right to apply to the military prosecutor's office or court to protect their interests.

Psychological aspects of transfer

Transferring to another military unit can have a significant psychological impact on servicemen and their families. A change of environment, new duties and living conditions can cause stress and require time to adapt. This is particularly important to consider when the transfer involves moving to a different region or changing duties that require new skills and knowledge. Commanders should provide psychological support to servicemen and women who face difficulties in adapting to new conditions of service.

The psychological services of military units play an important role in providing support to service members during transfers. Psychologists can provide individual counselling and organise group trainings on adaptation and stress resistance. This helps servicemen and women to better cope with new challenges and maintain effectiveness in performing their duties. In addition, psychological support can be important for family members of servicemen and women, who may also experience stress due to the change of residence and new life circumstances.

Opportunities for professional development

Transferring to another military unit can be an opportunity for professional development for servicemen and women. A new service can provide an opportunity to acquire new knowledge and skills, improve qualifications or even take a higher position. This is especially true for those seeking career advancement in the Armed Forces. Moving to a different unit can open up new prospects, including specialised training, participation in international exercises or even peacekeeping missions.

Commanders should take into account the career ambitions and potential of service members when making decisions on transfers. This will help ensure optimal deployment of personnel and maximum efficiency in the use of human resources. In addition, servicemen and women have the right to apply to the command for transfer to positions that contribute to their professional development. This helps to increase the level of motivation and satisfaction with service, as well as improve the overall atmosphere in the unit.

Appealing against transfer decisions

In case of disagreement with the decision to transfer, a serviceman has the right to appeal this decision. The appeal can be made by filing an appeal to a higher command or by going to court. In the process of appealing, a serviceman may provide additional evidence and testimony that supports his position. The court proceedings may include an analysis of the legal provisions governing the transfer, as well as consideration of relevant documents and testimonies.