Appeal against reprimand of military personnel

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law.

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Appeal against reprimand of military personnel

Reading time: 4 min.

Service in the Armed Forces of Ukraine is an honorable and challenging duty. At the same time, no one is immune from various manifestations of human factor on the part of commanders, subjective interpretation of their actions and deeds and application of various disciplinary penalties inappropriate to the situation. The team of the Law Office "Prikhodko&Partners" includes lawyers whose specialization includes military law. Therefore, we know how to help our clients in various situations they face.

What should I know about the reprimand?

According to the Law of Ukraine "On the Disciplinary Regulations of the Armed Forces of Ukraine", a reprimand is one of the easiest penalties that can be applied to a serviceman. But, at the same time, if he knows that the reprimand is unjustly applied, it is worth appealing it in order to protect his rights and legitimate interests.

In this context, it is necessary to pay attention to the fact that, according to paragraph 88 of this Law, a serviceman who believes that he has not committed an offense, has the right, within one month from the time of imposition of a disciplinary penalty, to file a complaint to a senior commander or to appeal to the court within the period defined by law.

 

What are the rights of military personnel in such situations?

All members of the armed forces are recognized as having the right to submit statements or complaints or to address them in person:

  • To authorized officials;
  • Law Enforcement Service governing bodies;
  • Military authorities;
  • Bodies charged with the duty to conduct a pre-trial investigation;
  • other state bodies that are authorized to resolve the issues with which the serviceman is dealing.

Thus, the legislation of Ukraine provides enough opportunities and ways for a person to assert his/her rights in case of their violation. This also applies to various situations that may occur during service in the Armed Forces of Ukraine.

What norms of the Disciplinary Regulations of the Armed Forces of Ukraine should I pay attention to?

Paragraph 110 of the said Statute states that servicemen may appeal against unlawful decisions, actions and omissions against them by commanders or other servicemen. This also applies to cases of unlawful assignment of duties and unlawful prosecution.

Paragraphs 110-120 contain key information regarding such situations. Some of the provisions set forth in these legal norms are worth paying special attention to. Namely - it is advisable to consider the rights of a serviceman, which he has when sending a complaint. These rights are:

  • Present their arguments regarding the contents of the complaint in person or request that authorized persons call witnesses;
  • file additional case materials or request that they be required by the commander or authorized authority who will behandling the complaint or allegation;
  • receive a response in writing;
  • familiarize oneself with the materials of verification of the complaint or application;
    appeal to a judicial instance against the decision made as a result of the complaint or application.

     

Also important is the right to demand, in accordance with the procedure established by the legislation in force, compensation for the losses caused. These rights are mentioned in paragraph 112 of the Charter. And no less significant is paragraph 113 of this document, which enshrines the fact that no one can be held liable or offended in the service for a complaint, proposal or application that he or she has filed.

If you are interested in consultations and legal support of such situations, you can turn to the lawyers of the Law Office "Prikhodko and Partners". To do this, fill out the form below and our lawyer will contact you shortly.

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