GROUNDS FOR TRANSFER TO ANOTHER MILITARY UNIT

GROUNDS FOR TRANSFER TO ANOTHER MILITARY UNIT - LEGAL ASSISTANCE

General mobilization is underway in Ukraine, and mobilized and volunteers can be sent to any military unit. However, servicemen have the right to submit a request for transfer to another military unit or to another area.

It is important to note that the transfer process can take a long time, as the deadlines are not defined by law, and the final decision rests with the commanders.

We will explain what grounds there are for the transfer, what documents need to be prepared and what to do in case the transfer is refused.

Grounds for transfer to another military unit - military lawyer

There are two main reasons for transferring a serviceman:

• the first — according to the state of health (works successfully in 90% of cases),
• the second is due to family circumstances (effectiveness is about 50%)

The transfer is also possible on other grounds:

• in case of official necessity,
• when carrying out organizational changes,
• according to the conclusion of the job description.

Transfer of military personnel, units and the need for an order

Servicemen of the Ground Forces and Territorial Defense Forces most often face difficulties when transferring between units. The transfer of private, non-commissioned and non-commissioned officers is possible only if there are valid reasons and after taking into account the conclusions and recommendations of their immediate commanders, based on the requests of the superiors who initiate the transfer.

Possible translation options:

• between military units and operational commands by order of the official responsible for the relevant connections;
• between various types of the Armed Forces of Ukraine and military units subordinate to the General Staff, by order of the Commander-in-Chief of the Armed Forces;
• between the military units of the Armed Forces subordinate to the Ministry of Defense, by order of the head of the personnel service of the Ministry of Defense.

Officers are moved between military units within the limits of the subordination of the Armed Forces of Ukraine by order of the relevant official responsible for these units.

Documents required for transfer to another part

The procedure for transferring 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. For this, it is necessary to collect the following documents:

1. relationship from the military unit to which the soldier wishes to transfer;
2. ground for transfer;
3. recommendations from direct supervisors;
4. requests from commanders ready to accept a serviceman.

After that, the commander of the military unit where the soldier is serving issues an application for transfer. The decision is made on the basis of these documents, and an order is issued by the military commander. 

Additional documents depend on the specific reason for the transfer. 

For example, if there are medical indications, it is necessary to provide the opinion of the VLK. In case of transfer due to family circumstances - relevant supporting documents.

For transfer due to health or family circumstances, a serviceman submits a report. The general order of movement includes:

• serviceman's report;
• consent of the commander of the receiving unit;
• application for transfer from the unit commander;
• decision or order of a competent military commander.

Deadline for consideration of documents for transfer to another military unit

Terms for consideration of reports on the transfer of a serviceman to another unit or unit are not legally defined, so this process can be long and requires approvals at various stages. The commander has the right at his own discretion to make a decision regarding the report and is not obliged to satisfy it, so much depends on his personal decision. An exception is the situation when a soldier must be transferred due to the conclusion of the military medical commission on limited fitness for service. In the case of combat orders or orders, transfer reports are not prohibited for consideration, but human rights activists note that the command may ignore them due to other priorities.

Cooperation with legal marketplace 'Consultant'

Cooperation with the legal marketplace "Consultant" provides servicemen with important support in the process of transfer to another military unit, providing access to professional legal advice on the legal norms governing this issue. The lawyers of the platform will help to analyze in detail the reasons for the transfer, such as health or family circumstances, as well as to prepare the necessary documents, including reports and recommendations. In case of difficulties in the transfer process, "Consultant" specialists can provide legal support and help in appealing the commanders' decisions. In addition, the platform monitors changes in legislation, which allows servicemen to be aware of current norms and rules concerning their rights and obligations.

How to order the services of a military law lawyer in Kyiv

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