APPEALING ILLEGAL ACTIONS OF MILITARY OFFICIALS

Under martial law, military command and military administrations have a wide range of powers. Although, for the most part, such extended powers do provide practical functions, sometimes a personal factor comes into play in their use, which turns into abuse. It is in such cases that an effective mechanism for challenging the illegal actions of military officials will be relevant. We will tell you how it happens.

What are the legal grounds for appeal?

Such grounds are:

• Norms of the Disciplinary Statute of the Armed Forces of Ukraine.
• Law of Ukraine "On social and legal protection of servicemen and their family members".

In particular, Article 19 of the aforementioned Law provides a list of command orders that can be appealed. This applies to orders regarding assignment and removal of military ranks, demotion and renewal in ranks, appointment and dismissal, transfer in service, dismissal from service and leaving over the age limit, conclusion, extension and termination of a contract, deployment abroad. In addition to the options listed, disciplinary orders are often appealed.

So, the legislator provided enough opportunities to challenge the illegal actions of the military command. Next, it is worth touching on the question of how this happens in more detail.

Ways of challenging illegal actions of the command

You can defend your interests in the following ways:

• Send personal appeals or written requests and complaints to bodies belonging to the Law and Order Service. You can also contact the military administration and relevant officials.
• Send appeals to the bodies involved in pre-trial investigation. You can also turn to other state bodies that are competent to resolve issues relevant to the serviceman.
• File a claim with an administrative court, in accordance with the jurisdiction established by law.

Such a wide range of options creates sufficient opportunities for the military serviceman to effectively defend his rights.

Peculiarities of writing a written complaint

The complaint is made in two copies. It is submitted to the department of the military unit or other state body authorized to deal with the issue relevant to you. The second copy, which must have a receipt mark, remains with you. It should indicate which official accepted the complaint and when it happened. The fact of such receipt is certified by a signature.

Specialists of the company "PRIKHODKO&PARTNERS" provide services for legal support of such requests. We know all the intricacies of how to make a complaint and in what order and where to address it, so that it does not get lost among piles of papers, but receives an appropriate response. We also have good experience in representing the interests of military personnel in courts.