Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Case: A soldier who served after being captured was discharged from military service
Client: military
Region: Kherson
Subject matter (problem): military unit ignoring discharge report
Desired result: discharge from military service on the grounds of captivity
In July 2024, Stanislav, a senior soldier of the Armed Forces of Ukraine, contacted the Law Office of Prikhodko & Partners. He had a specific task – to be discharged from military service. He had a reason for this, Stanislav was a person released from enemy captivity. The serviceman submitted a discharge report, compiled the correct package of documents, and submitted it in accordance with modern legislation. In turn, the command did not consider the Client’s report within the legal time frame, there was no response to the report, although more than three months had passed since its submission. The Client wanted to achieve justice.
The case was handled by a lawyer practicing military law, Danylo Honcharenko, who already had experience in releasing servicemen who served in the Armed Forces of Ukraine after being in captivity.
Having analyzed the situation, he consulted the serviceman and after that an algorithm of actions was developed to resolve this problem. We concluded a legal assistance agreement and launched the process.
According to the task, it was necessary to achieve release from military service. Since the serviceman’s report was correctly drawn up and the package of documents for release was complete, it was decided not to start the procedure anew, but to force the military unit to complete the consideration of the already submitted report. In order to speed up the consideration, control the terms and validity of the response, a lawyer’s request was drawn up to the military unit at the place of service of the serviceman. A request was also sent to the Ministry of Defense of Ukraine in order to avoid ignoring the lawyer’s request and to launch control over the release by the Ministry as a body that performs the function of supervising the actions of subordinate bodies.
Thus, the lawyer of the military law practice of the Law Office “Prikhodko & Partners” Danylo Goncharenko did everything necessary to ensure that:
- the legal request was accurately received by the military unit and was not ignored;
- the legal request was considered in accordance with the law and the client’s rights were not violated;
- the request was considered within the legal terms;
- the request provided for a quick and efficient review of the report.
After this request was received by the military unit on 07/19/2024, on 07/23/2024 the Client received an extract from the order on dismissal from military service.
Thus, by submitting a legal request, it was possible to achieve real and quick action from the command. The client, in turn, received the desired result and was discharged from military service.
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