Transfer to another part

Transfer to another part - Legal assistance

Conscripts and volunteers can be sent to any military units, but military personnel have the right to apply for transfer to another location or military unit. We will consider the conditions under which a transfer is possible, the necessary documents for submitting an application, as well as the steps that can be taken in the event of a transfer refusal.

Grounds for transfer to another military unit

1. Due to a medical condition that covers about 90% of cases.
2. Due to family circumstances, which are taken into account in 50% of cases. There are also other possible grounds for transfer.
3. Due to official necessity.
4. In case of organizing events.
5. Based on the conclusion of the job description.

A reference to "limited availability" is often not done properly, which is a flawed approach. This especially applies to mobilized and wounded servicemen, who can be recognized as fit for service by decision of the VLK, even with significant health problems.

A military serviceman must raise issues of fitness for duty and present compelling evidence demonstrating how the illness directly affects the ability to perform military duties.

Into which military units is transfer possible and whose order is required for this?

The transfer of servicemen in the Ground Forces or the Territorial Defense Forces usually requires good reasons and is carried out at the request of their immediate commanders, who raise the issue of transfer. The decision is made taking into account the conclusions and recommendations of the command. The transfer of private, non-commissioned and non-commissioned officers takes place only in the presence of relevant justifications and recommendations of their commanders.

In general, the following translation options are possible:

Between military units and operational commands by order of the official who manages the relevant connections;

Between the types of the Armed Forces of Ukraine and subordinate military units, under the leadership of structural divisions of the General Staff — by order of the Commander-in-Chief of the Armed Forces of Ukraine;

Between the military units of the Armed Forces of Ukraine subordinate to the Ministry of Defense — by order of the head of the personnel service of the Ministry of Defense.

The movement of officers between military units under the command of the Armed Forces of Ukraine is carried out by order of the official who manages the relevant types of the Armed Forces.

List of documents required for transfer to another military unit

The transfer of a serviceman to another unit is carried out in accordance with the order of the Ministry of Defense of Ukraine No. 170 dated April 10, 2009.

List of necessary documents to be submitted for transfer:

• Relationship from the unit to which the serviceman wants to transfer.
• Justification for transfer (for example, due to health or family circumstances).
• Recommendations from the serviceman's direct supervisors.
• Request from the commander of a unit that is ready to accept a serviceman.

After that, the commander of the military unit must prepare a submission for transfer. Based on the results of this submission, a decision on the transfer is made, and an order of the military leadership is issued regarding its implementation.

Additional documents may depend on the specific reason for the transfer, for example:

• A medical transfer may require a military medical commission opinion.
• In order to transfer due to family circumstances, documents confirming these circumstances may be required.

The general process of transferring a serviceman includes the submission of a report by the serviceman himself, obtaining consent from the commander of the unit to which the transfer is planned, submitting a petition from the commander of the military unit, as well as issuing a decision or order from the military commander, authorized to make a transfer.

What should a military officer do if the report was not approved

If the transfer is refused, the serviceman has the right to file a complaint with the Ministry of Defense, the General Staff or the Military Law and Order Service of the Armed Forces of Ukraine. In addition, he can file a statement about the violation provided for in Article 403 of the Criminal Code of Ukraine, regarding failure to comply with the commander's order to transfer.

In such a situation, it is important to describe the requirements in detail in the complaint, clearly justifying your position according to the current legislation. When making a complaint, you need to prepare two copies: one for consideration, and the second with a receipt note, which should be kept. If you need legal advice or the help of a lawyer, it is recommended to contact experienced professionals. Legal advice will provide clarification of the legal aspects of the transfer of a serviceman and help in drawing up a complaint or other documents. A lawyer will be able to analyze the situation, provide a legal assessment and help protect the rights of a serviceman in the authorities or in court.

Current questions - answers

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