Have you been illegally transferred? Learn how to defend your rights!

Submission of a complaint by a serviceman

Illegal transfer is a situation that any service member can face, and in such cases it is important to know how to act and protect your rights. Military duties are regulated by clear legislative norms, and any violation of these norms, in particular, transfer without proper grounds, violates the rights of military personnel. The Disciplinary Statute of the Armed Forces of Ukraine protects the right of every serviceman to file a complaint or statement in case of illegal actions or inaction by commanders. Therefore, if you believe that you have been transferred illegally, you should not remain silent - there are legal mechanisms that allow you to defend your rights.

Every serviceman has the right to protection against any illegal actions or decisions that violate his rights or legitimate interests. Article 110 of the Disciplinary Statute of the Armed Forces of Ukraine provides that military personnel may send statements or complaints if they believe that their rights have been violated, and address such issues to commanders or military administration bodies. Such a complaint may be made directly to the commander whose actions are being challenged, or to higher authority if the individuals involved are difficult to identify. Filing a complaint allows a serviceman to protect his rights and prevent further violations.A serviceman has the right to file a complaint about an illegal transfer by contacting the commander or higher authority responsible for handling such issues.

When filing a complaint, a military serviceman can personally present his arguments, attract witnesses and submit additional materials that confirm the violation.

In case of disagreement with the outcome of the complaint review, the serviceman has the right to appeal the decision in court and demand compensation for damages.

Military personnel who have filed a claim or complaint have a number of important rights to ensure a fair hearing. 

They can personally explain their arguments, be present at the review of the complaint, attract witnesses and familiarize themselves with the inspection materials. This allows you not only to convey your position, but also to be sure that all circumstances are properly taken into account.
Rights of servicemen when filing a complaint:

1. 
   The right to a personal explanation of arguments — a serviceman has the opportunity to personally explain the reasons for his complaint to the person conducting the inspection.
2. 
   The right to summon witnesses — a military officer may request the summons of witnesses who have information about the circumstances of the case.
3. 
   The right to submit additional materials — a serviceman may submit documents or other materials confirming the violation of his rights.
4. 
   The right to review the inspection materials — after considering the complaint, the serviceman has the right to review all the collected materials.
5. 
   Receiving a written answer — after the review of the complaint is completed, the serviceman is provided with a written answer with the results of the check.Appealing the decision - in the event of an unsatisfactory result, the serviceman has the right to appeal to the court to protect his rights and interests.
    

These rights allow servicemen to fully protect their interests and guarantee a fair consideration of complaints that can be filed within the framework of the law.

Services of lawyers of the "Consultant" service

Defending your rights in the military requires a deep knowledge of the law and experience, especially when it comes to illegal transfers. The "Consultant" service offers the services of a military lawyer, which will provide professional support in solving such issues. The service's lawyers will provide comprehensive services that will help protect your rights and interests at all stages of appealing an illegal transfer.
What "Consultant" services include:

• Analysis of the situation and preparation of documents - lawyers study your situation and help you prepare all necessary statements and complaints.
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  Support when filing a complaint — lawyers advise on the process of filing a complaint and preparing for meetings with officials.
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  Representation of interests in court - if necessary, lawyers will represent your interests in court, where they will challenge the decisions of the commanders and demand compensation for damages.
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  Support during negotiations - lawyers can help negotiate with the command if there is an opportunity to resolve the conflict without going to court.
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  Legal advice on any service issues — "Consultant" specialists are ready to provide advice on any legal issues related to your service.
   

Using the services of military lawyers of the "Consultant" service, you will receive professional protection of your rights, which is especially important in conditions where the legislation concerns the specifics of military service.