Publication date: 09.07.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Military unit — is the main organizational unit of the armed forces, which consists of personnel, military equipment, weapons and other material means intended for the performance of certain combat and auxiliary tasks. The military unit has its own number, staff, place of deployment and organizational and staff structure.
A complaint against a military unit can be filed for various reasons, which may include violation of the rights of military personnel, improper performance of duties, non-compliance with laws and military statutes, as well as other problems affecting the life and effectiveness of the military unit.
Question
Is it possible to challenge the actions of a military unit?
Answer
Yes, you can challenge the inaction of a military unit or its illegal actions if it violates your rights or the legislation of Ukraine.
Possible reasons for filing a complaint appeal against actions of military unit:
- Violation of the rights of servicemen: illegal actions of the command against servicemen. Non-observance of labor rights, such as the right to leave, wages, medical care.
- Disciplinary violations: illegal orders or orders that conflict with military statutes or laws. Violation of statutory norms of discipline and order by commanders or other military personnel.
- Poor material and technical support: inadequate provision of military personnel with clothing, food, housing or other necessary material means. Lack or insufficiency of military equipment, weapons, ammunition and other resources for the performance of tasks.
- Violation of sanitary and hygienic standards: poor living conditions, non-compliance with sanitary and hygienic standards in barracks, canteens, medical centers. Lack of adequate medical care and care.
- Abuse of power: cases of corruption, abuse of office by commanders. Undue penalties or incentives that are contrary to legislation and military statutes.
- Security violations: non-compliance with security measures during exercises, shootings, combat missions, which leads to injuries or death of servicemen. Violation of safety and occupational health and safety rules.
How to appeal against actions of military unit:
- Contacting the immediate commander: Write a written appeal to your immediate commander or superior demanding that the inaction be eliminated. In the appeal, clearly state the essence of the problem, explain what actions should have been performed, and why you consider their non-fulfillment illegal. The application must be made in duplicate: one for you (marked for acceptance), the other — for command.
- High Command Appeal: If your immediate commander has not responded to the appeal or has refused to resolve the issue, you can contact the High Command. In the appeal, set out the same arguments, adding information about non-response or actions by the lower command. It is important to add all available documents that confirm your right and obligations of the military unit.
- Appeal to military law enforcement agencies: if the inaction of a military unit violates the law, you can contact military law enforcement agencies. For example, if the inaction is related to ensuring your security or other important aspects of the service. In a statement to the military law enforcement agencies, describe the situation in detail, provide evidence of inaction and explain how it affects your rights or obligations.
- Appeal to the prosecutor's office: if the inaction of a military unit is a serious violation, you can contact the military or local prosecutor's office. The Public Prosecutor's Office has the authority to supervise the observance of law in military units. In the complaint to the prosecutor's office, set out in detail the essence of the inaction, provide facts and evidence confirming the violation, and indicate your demands for the restoration of the violated rights.
- Filing a lawsuit in the administrative court: if previous appeals did not yield results, you can file a lawsuit in the administrative court. A lawsuit may include a demand to declare the inaction of a military unit illegal and oblige it to perform certain actions. The lawyer will help draw up a statement of claim that will meet the requirements of the law and collect the necessary evidence for the court.
Sample complaint against military unit, pre-trial appeal:
The complaint must be clearly formulated, contain specific facts and circumstances confirming the violation. Specify your personal data, rank, position, as well as the data of the military unit.
A complaint can be submitted to the immediate superior, the commander of a military unit, or to a higher command. If necessary, the complaint can be sent to the relevant state bodies, such as the Ministry of Defense, the prosecutor's office, and the ombudsman.
The responsible authority or official shall investigate the facts set out in the complaint. The applicant may be invited to provide additional testimony or evidence.
Based on the results of the review, a decision is made to take appropriate measures, eliminate violations, and bring the perpetrators to justice. The applicant receives official notification of the results of the complaint.
Legal support support for challenging the actions of a military unit can significantly increase the chances of a successful solution to the problem. Correct drafting of documents, knowledge of legislation and procedures, as well as professional support will help to avoid mistakes and achieve the desired result.
Stages of legal support in appeal against actions of military unit:
- Initial consultation to clarify the substance of the problem, to assess the situation legally and to identify further steps. Determination of legal grounds for filing a complaint. The lawyer will help to collect all the necessary documents and evidence that confirm the fact of violation/
- Possible involvement of witnesses, photo and video materials, medical certificates, etc. The lawyer will file a complaint in accordance with the requirements of the law, taking into account all facts and evidence.
- Formulation of requirements and requests to the bodies that will consider the complaint. The lawyer will help to file a complaint with the relevant body, such as the command of a military unit, the military prosecutor's office, the Ministry of Defense or other state bodies.
- Preparation and submission of all necessary documents. The lawyer monitors the complaint process and liaises with the relevant authorities.
- If necessary, submission of additional documents and evidence. If the decision on the complaint is unsatisfactory, the lawyer will help prepare an appeal or complaint to higher authorities. Preparation and submission of an appeal to the court or higher command.
A complaint against a military unit is an important tool for protecting the rights of military personnel and ensuring the proper functioning of the unit. It allows you to draw attention to violations, contribute to their elimination and ensure the accountability of the guilty persons. Correct drafting and filing of a complaint will contribute to fair consideration and protection of your rights. Legal support for filing a complaint against decision on case on administrative offense and assistance in writing a complaint against a military unit is an important stage in protecting the rights of military personnel. Professional support of a lawyer of the legal service The consultant will help to correctly draw up documents, collect evidence, submit a complaint to the relevant body and monitor the process of its consideration. This will increase the chances of a successful solution to the problem and the protection of your rights and not reach a appeal to court.
