Grounds for transfer to another military unit - legal advice

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Sakharuk Anatolii

Lawyer

Ukraine / Kyiv

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Publication date: 23.12.2024

Grounds for transfer to another military unit - legal advice

The transfer of a serviceman to another military unit is one of the important aspects of military service regulated by the legislation of Ukraine. This issue may arise both due to service needs and personal circumstances of the serviceman. However, the transfer procedure is often fraught with difficulties, in particular in case of an unreasonable refusal by the command or lack of awareness of the serviceman's rights. In this article, we will take a closer look at the grounds for transfer, the procedure for its implementation, and the role of a lawyer in resolving this issue.

The legislation of Ukraine provides for the possibility of transferring military personnel to another military unit, which must be substantiated by documents. There are a number of grounds for transfer, which are divided into service and personal ones: the former relate to the needs of the army, and the latter to the life circumstances of the serviceman. To successfully resolve the issue of transfer, it is important to know the legal aspects of this process and to have the support of a qualified lawyer if necessary.

Main grounds for transfer

The legislation defines several key grounds on which a serviceman can be transferred to another military unit. These grounds can be divided into two groups:

Service needs: This is a transfer that is initiated by the command of the military unit or higher authorities. This type of transfer is usually caused by

• the need to fill vacant positions;
• Changes in the structure of units;
• operational needs related to defense and security tasks.

Personal circumstances: In this case, the transfer is initiated by the serviceman himself. The main reasons include:

• the state of health of the serviceman;
• the need to care for family members;
• change of place of residence of the family;
• other circumstances provided for by law.

Each of these grounds must be documented. For example, a transfer for health reasons requires a relevant medical certificate, and a transfer for family reasons requires documents confirming these circumstances (certificates, references, etc.).

The procedure for transferring a serviceman

The process of transferring to another military unit includes several key stages. Each of them must be fulfilled in accordance with the current legislation. Let's take a closer look at these stages:

1. Filing a report: The serviceman must submit a report to the commander of the military unit. The report must specify the grounds for the transfer and attach documents that confirm these grounds.
2. Consideration of the report: The unit commander analyzes the report, checks the validity of the grounds, and submits the report to higher authorities for decision-making.
3. Decision-making: Senior management reviews the report and decides whether the transfer is appropriate. In case of a positive decision, a corresponding order is issued.
4. Execution of the order: A serviceman receives a transfer order, after which he is transferred to a new military unit.

It is important to note that in case of refusal to transfer, a serviceman has the right to appeal this decision. To do so, it is necessary to apply to higher authorities or to the court. Legal assistance at this stage is extremely important, as it can be difficult to obtain a fair decision without proper legal support.

Typical problems during the transfer and their solutions

The transfer process is often accompanied by certain difficulties. The most common of these are:

• Refusal to transfer: The command may unreasonably refuse to transfer you, even if there are good reasons. In this case, you should contact a lawyer to help you prepare a complaint or lawsuit.
• Incorrect paperwork: Errors in the report or the lack of proper documents can cause a delay or refusal to transfer. A lawyer will help you prepare all the necessary documents correctly.
• Violation of the terms of consideration of the report: Sometimes the command delays the consideration of a report, which can negatively affect the activities of a serviceman. In such cases, a lawyer can help speed up the process.

Legal assistance in matters of transfer

Legal service "Consultant" provides a wide range of services to help servicemen in matters of transfer to another military unit. The main services include:

• Consultations on transfer issues: Our lawyers provide detailed explanations on the grounds, procedure and timing of the transfer.
• Preparation of documents: Specialists will help you to draw up a report, collect all the necessary documents and properly execute them.
• Appealing against refusals: If a transfer is denied, our lawyers will prepare a complaint or lawsuit and provide legal support.
• Legal defense: The legal service provides representation of clients in court, protecting their rights and interests.
• Support at all stages: Lawyers provide support at every stage of the transfer process, ensuring the legality and protection of the client's interests.

Legal assistance ensures the validity of each stage of the transfer.

Assistance in the preparation of documents reduces the risk of a transfer being denied.

Appealing against unjustified refusals in court guarantees the protection of your rights.

Thanks to the experience and professionalism of the lawyers of the Consultant service, servicemen can be sure of a quick and high-quality solution to their issues.