Transfer to another part

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Borevych Mariia

Lawyer

Ukraine / Kyiv

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Publication date: 09.10.2024

I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.

Transfer to another military unit of the Armed Forces of Ukraine (AFU) is an official change of place of military service by a serviceman. It can take place at the command's decision or at the serviceman's personal report. The transfer is regulated by legal acts, such as the Statute of the Armed Forces of Ukraine and other relevant orders of the Ministry of Defense of Ukraine.

Grounds for transfer to another military unit:

• Service necessity — transfer at the decision of the command to perform tasks in another part.
• Personal report - a serviceman can submit a transfer report on his own initiative, justifying it, for example, by family circumstances or health.
• Medical indications — if a serviceman's health condition requires special conditions, he can be transferred to a unit that provides such conditions.
• Training or retraining — transfer for advanced training or specialization.

Procedure for transferring to another part:

1. Submitting a report - the serviceman submits a report to the command describing the reasons for the transfer and attaching documents that support his reasons (for example, medical certificates).
2. Review of the report — the command of the unit reviews the report and makes a decision.
3. Transfer Approval - If the command approves the transfer, the new duty station is agreed with the command of the unit to which the service member is to be transferred.
4. Issuing an order — a transfer order is drawn up specifying the date, new part and other conditions.

Here are the main documents you may need:

• Report for transfer to another military unit: the main document that a serviceman submits to the command of the unit. In the report, it is necessary to indicate the reason for the transfer, the justification and the desired report for transfer (if known).
• Documents confirming the reason for the transfer: medical certificate (if the transfer is related to medical indications or the state of health of the serviceman), family status certificate (if the transfer is related to family circumstances, for example, the presence of minor children or the need to care for loved ones by relatives), confirmation of the place of work/education of relatives (if the transfer is related to the place of residence of family members).
• Characteristics or service certificate: a certificate from a military unit that characterizes a serviceman and confirms the absence of disciplinary violations. This document can be provided by the command of the unit, an extract from the personal file, which contains information about the serviceman's service, his position, training and completed tasks. A copy of the military ID card may be required to confirm the military personnel's data.
• Command Approval or Recommendation: After the report is submitted, the unit command must review it and provide a response. If the report is approved, a transfer order is drawn up.Legal support of a transfer to another military unit involves the provision of qualified assistance to a serviceman at all stages of the transfer process. This may be necessary to ensure the correct processing of documents, avoid possible refusals and protect the rights of a serviceman.

The main services that the "Consultant" legal service can provide:

Consultation on transfer issues: explanation to the serviceman of his rights and obligations related to the transfer, consideration of the grounds and possibilities for transfer (medical, family circumstances, other special cases), explanation of the transfer procedure, necessary documents and deadlines.

Preparation of documents: assistance in drawing up reports for transfer to another unit, taking into account legal requirements and substantiating the grounds, preparation of accompanying documents (medical certificates, confirmation of family circumstances, etc.), checking the correctness of the documents and submitting them to the command of the military unit.

Legal analysis and verification of the legality of the refusal: if the command of the unit refuses the transfer, does not sign the report on the transfer to another unit, the lawyer analyzes the legality of such a refusal, prepares a complaint or statement to appeal the decision of the command in case of wrongful refusal.

Representation of interests: a lawyer can represent a serviceman in communications with the command and other state bodies, protect the interests of a serviceman in military courts or other instances in the event of conflict situations or rights violations.

In the process of support at all stages of the transfer, the lawyers of our "Consultant" service monitor compliance with deadlines and procedures during the transfer, including the stages of approval and issuance of the order for transfer. Support in solving possible problems that may arise during the translation process (for example, inconsistencies between parts or misunderstandings about the terms of the translation).
Transfer to another military unit of the AFU is a clearly regulated procedure that requires the preparation of documents and coordination at different levels of command, and legal support is important to ensure the protection of the rights of a serviceman and compliance with the law during the transfer.