Фото: APPEAL OF ACTIONS OF THE COMMANDER OF THE MILITARY UNIT

"Salus populi suprema lex esto".

Lobunko Michael

Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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APPEAL OF ACTIONS OF THE COMMANDER OF THE MILITARY UNIT

Reading time: 3 min.

The Internet and other mass media have repeatedly raised the issue of illegal actions by commanders of military units. Such actions manifested themselves in various forms, from illegal orders to ignoring the reports of servicemen and others. Hence, a logical question arises as to how the obviously illegal actions of the unit commander can be contested in the legal field. After all, it is important for a democratic state that the legal mechanism for resolving conflicts, including those arising between servicemen and the leadership of military units, works.

What regulatory act allows you to challenge the commander's actions?

The document that allows you to challenge the actions of the commander of a military unit is the Disciplinary Statute of the Armed Forces of Ukraine, namely, Art. 110.

Methods of appeal

  • The first method is administrative. It consists in the fact that in case of illegal actions of the commander of the military unit, you can write a written complaint about such actions. The complaint must be registered. A serviceman may keep a copy of the complaint with a note about the registration of such a complaint. Such a complaint must be considered and an answer to it must also be given in writing.

The administrative appeal procedure also includes an oral complaint, which can be left during the personal reception of citizens by the unit commander. The subject of appeal can be both a serviceman and his family members. It is important in the complaint to detail the essence of the problematic issue and illegal actions that became the subject of the appeal.

  • The second method is judicial. This method is more suitable for appeals if the administrative appeal procedure has not yielded results or you need to appeal an act of individual action (for example, an order on transfer, assignment of certain duties to a serviceman, which he considers illegal, etc.). When choosing this method of appeal, you should take into account all the nuances, as well as, if possible, have the document that is subject to appeal in hand. It is necessary to apply to the administrative court. If a serviceman has a UBD certificate, the court fee for filing a lawsuit is not paid.

Features

Regardless of the method of appeal, in order to achieve the desired result, it is necessary that the complaint or statement of claim be properly formalized. After all, often, due to incorrect execution of these documents, they are left without consideration or returned for revision, which significantly delays time.

 

Therefore, if you observe a violation of rights by the commander of a military unit, do not neglect legal assistance. Often, without the help of a specialist, it is not easy to cope with the specifics of challenging the commander's actions. After all, timely legal support is a guarantee of respecting the rights of those who protect us during war.

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Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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