Publication date: 19.10.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The transfer of a serviceman to another military unit is a fairly common procedure in the Armed Forces of Ukraine. It can happen for various reasons: in connection with official necessity, at the request of the serviceman himself, due to a change in the location of the unit, due to personal circumstances or due to the state of health. The transfer process is regulated by legislation and internal documents of military units. Transfer to another military unit of the AFU can be carried out for several reasons, which are provided for by Ukrainian legislation and internal regulations of the Armed Forces of Ukraine. The main grounds for transfer to another military unit:
- State of health: Getting injured or a significant deterioration in health can be grounds for transferring a serviceman to another unit. For example, if a serviceman was injured during hostilities and his health does not allow him to continue serving on the front line, he may be transferred to a unit with less dangerous conditions. The absence of vacant positions corresponding to the state of health in the current part may also be grounds for transfer. If a serviceman cannot perform official duties due to his health, but there is a possibility of transfer to another unit where there are appropriate positions, this issue is decided by the command.
- Family circumstances: A serviceman has the right to transfer at the place of residence if there are three or more minor children. This makes it possible to carry the service closer to the family. If a serviceman has a parent with a disability, this may also be grounds for transfer to a unit at the place of residence to provide family support. Independent upbringing of the child (if one of the parents is raising the child independently) or the presence of a child with a disability are good grounds for transfer.
- Servicemember's own desire: A servicemember can initiate a transfer by submitting a report to the unit command. One's own desire may be justified by personal or professional reasons, such as a desire to serve closer to one's place of residence, a change of unit, or a desire to serve in a unit with a different specialization.
- Service necessity and organizational measures: The transfer may take place in connection with the reorganization of military units or a change in the place of deployment of the unit. In this case, the serviceman may be transferred to another position or to another unit in accordance with the new requirements or needs of the service. The command may initiate a transfer if there is a need to perform certain tasks in another unit that requires specialists with specific skills or experience.
Transfer to another military unit of the armed forces of Ukraine:
- Obtaining a reference: A reference is a document that confirms the possibility of a military serviceman being transferred to another unit. This document must be issued by the unit to which the serviceman wishes to transfer. It confirms that there is a free position for a serviceman in the new part, which is the basis for further actions.
- Preparation and submission of the report: A serviceman must prepare a report for transfer to the name of the commander of his unit. In the report, you need to indicate: the reason for the transfer (for example, family circumstances, change of service, etc.), add the received ratio from the new part. The report for transfer to another military unit is submitted through the appropriate clerical unit, where it will be registered.
- Obtaining approval for transfer: The commander reviews the submitted report and may request additional information or conduct an interview with the serviceman. If the transfer decision is positive, the commander issues an order to release the serviceman from the previous unit.
- Execution of the order for transfer: The military serviceman executes the transfer order and moves to the new unit where he is to serve. In the new part, the serviceman must complete all the necessary documents for enrollment in a new position.
Additional recommendations: It is important to plan the transfer in advance, taking into account the deadlines for processing documents. The serviceman must maintain contact with the command of both units during the entire procedure.
This procedure allows servicemen to move from one unit to another in an organized and legitimate manner, providing the necessary support from the command.
Question
What documents are needed for transfer to another military unit ?
Answer
To transfer a serviceman from one military unit to another, it is necessary to prepare and submit a number of documents. A serviceman must make a report on transfer to another unit in the name of the commander of his unit, which must indicate: the reason for the transfer, the grounds for the transfer, if any. If the transfer is due to a health condition, it is necessary to provide: the conclusion of the VLK, medical certificates confirming the need for the transfer. Other documents that confirm the reasons for the transfer may be required: Certificates of family status, other documents explaining the situation. Consent of the accepting unit commander: The relationship is a document confirming that there is a vacant position for a serviceman in the new unit. The reference must be issued by the commander of the unit to which the transfer is planned and contain confirmation of the availability of a vacant position. In some cases, letters of recommendation from the commanding officer or other officers may be required.
Question
What to do in case of refusal of transfer?
Answer
Before taking any further action, it is important to obtain a written waiver from the commanding officer. The document must clearly state the reasons for refusal. This will make it possible to understand on what grounds the decision was made. A military serviceman should carefully familiarize himself with the grounds for refusal. Some of the reasons may be valid, while others may require further consideration. If a serviceman believes that the refusal was unjustified, he can file a complaint with higher authorities, such as: operational command — to check the decision of the unit commander, the Ministry of Defense of Ukraine — as a higher authority that can consider the case. If the complaint to the military authorities did not lead to results, the serviceman has the right to appeal to the administrative court.
Legal assistance when transferring to another military unit:
Here are some key aspects of how a lawyer can help in this process:
Legal advice: A lawyer can assess your situation, including the reasons for the refusal to transfer, and make recommendations on how to proceed. The lawyer will provide information about your rights and responsibilities in the context of military service and transfer.
Preparation of documents: A lawyer will help prepare the correct report for transfer to another unit in the name of the commander, so that it meets all the requirements. In case of refusal, the lawyer will prepare documents for submitting a complaint to higher authorities or an administrative court.
Representation of interests: A lawyer can represent your interests in communication with the commander and other military structures, which can reduce the psychological pressure on you. If you go to court, a lawyer will be able to represent you in the legal process, which will ensure professional protection of your interests. The lawyer will help to collect and organize all necessary documents, testimony and other materials that may be needed in court.
Transfer to another military unit is a difficult, but feasible process, provided that all formalities are followed and the necessary documents are obtained. Military personnel must be ready for the possible need to defend their rights and seek help from legal professionals in case of difficulties. The involvement of a lawyer can significantly simplify the process of transfer to another military unit, reduce risks and increase the chances of success. This will allow you to focus on the service, knowing that your interests are protected by a professional.
