Publication date: 28.10.2024
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In what cases is a serviceman's consent required for transfer to a combat unit
The transfer of a serviceman to a new place of service, in particular to combat units, is an important aspect of service in the Armed Forces of Ukraine. In certain cases, a serviceman has the right to give or not to give consent to such a transfer, but there are exceptions when his opinion is not binding. The issue of the transfer of a serviceman to another military unit is governed by the Regulation on Military Service of Ukrainian Citizens in the Armed Forces of Ukraine, approved by the Decree of the President of Ukraine dated 10.12.2008 No. 1153/2008.
Question
Can a serviceman refuse to be transferred due to family circumstances?
Respond
Yes, a military serviceman can refuse to be transferred under certain conditions provided for in Clause 112 of the Regulation on Military Service in the Armed Forces of Ukraine by Citizens of Ukraine.
The issue of transferring a serviceman to a combat unit is one of the most important aspects of military service in the Armed Forces of Ukraine. The legislation of Ukraine clearly regulates the conditions under which a serviceman's consent to transfer to a combat unit is required, as well as those cases when such consent is not mandatory.
The serviceman's consent to the transfer is not necessary in cases where it occurs in accordance with offenses or official necessity.
In some cases, the consent of the service member to the transfer may be mandatory, in particular, if the transfer is related to certain medical or family circumstances.
Exceptions defined by law allow servicemen to avoid transfer in cases where the new area is unfit for residence due to health or family circumstances.
Movement of a serviceman in accordance with the law
The provision on military service in the Armed Forces of Ukraine by citizens of Ukraine, approved by the Decree of the President of Ukraine No. 1153/2008, clearly defines the conditions under which servicemen can be transferred from one military unit to another. The transfer of military personnel to a new duty station is the right of the command and can be carried out without the consent of the military personnel, if it meets certain conditions. Consent is not required when the transfer is made in connection with the violation of official duties or the need to perform official tasks.
For example, if a serviceman has been sentenced to service restriction for an offense committed, the command has the right to transfer him to a new place of duty without his consent. This may occur in cases where his continued presence in a position involving the management of subordinates is impractical.
There are cases when a serviceman has the right to object to transfer to another unit or combat unit. These cases are provided for in the Regulations and refer to such situations as the impossibility of serving in a new region due to medical or family circumstances. In particular:
- If, according to the opinion of the military medical commission, the serviceman cannot serve in the area to which he is transferred due to his health.
- If family members of a serviceman cannot live in the area of relocation due to health conditions, confirmed by relevant documents.
- If he needs to care for disabled or sick family members, such as parents, spouse or persons who have raised him since childhood and have a confirmed guardianship status.
The issue of transferring servicemen to combat units is of a special nature, since these units are usually located in high-risk areas, such as areas of hostilities. Such movements are often associated with increased combat readiness and the need to protect state sovereignty.
However, even in cases of transfer to combat units, the right of servicemen to refuse for medical or family reasons is preserved. This guarantees a certain social security and ensures that the individual circumstances of each serviceman are taken into account.
In cases where a serviceman tries to refuse a transfer on the basis of medical or family circumstances, he must provide appropriate supporting documents. These can be conclusions of the military medical commission or documents confirming the health of family members. Only after providing such documents, the command can consider the possibility of leaving the serviceman at his old place of service or make a decision on his release from the obligation to move.
Legal assistance by lawyers of the "Consultant" service
Lawyers of the "Consultant" service provide legal assistance to servicemen who face a refusal to transfer to another military unit. Specialists will help assess the legality of the refusal and develop a strategy for protecting the rights of a serviceman, based on current legislation and regulations on military service. Special attention is paid to cases related to health, family circumstances and other legally significant grounds for refusal.Legal services provided by lawyers of the "Consultant" service include:
- Analysis of legal grounds for refusal of transfer and advice on further actions.
Drafting and submission of official appeals or complaints against illegal decisions of the command.
Legal support when applying to the court or other authorities to defend the rights of a serviceman.
Drawing up the necessary documents to confirm the validity of the transfer refusal.
A military lawyer of the "Consultant" service will help appeal the decision to transfer a serviceman without his consent, if there are grounds provided for by law. The lawyer will also provide support in collecting and processing the necessary documents to prove medical or family circumstances that prohibit the transfer.
The services of a military lawyer include legal advice, protection of the rights of military personnel, and support in cases related to transfer and completion of service.
The transfer of servicemen to combat units is a common practice for ensuring combat readiness and performance of tasks by the Armed Forces of Ukraine. However, the legislation provides for the possibility of taking into account the medical and family circumstances of servicemen, which allows them to avoid transfer in cases where it may affect their health or the well-being of their families. As a result, a serviceman's consent to transfer may be necessary only in cases defined by law, which guarantees a balance between official interests and the protection of the rights of servicemen.A military lawyer from the "Consultant" service provides advice on the rights of servicemen in cases of transfer to other units. The lawyer will also help prepare documents and appeal the transfer decision, if necessary.
