Lawyer’s request to the military unit

A lawyer's request to a military unit: when is it needed and how does it help resolve the problem of inaction by the command?

During military service, servicemen often encounter situations requiring an official response from the command. This may include discharge from military service, transfer, referral for treatment, or undergoing a military medical commission (MMC). However, in practice, it quite often happens that a submitted report is ignored, and the serviceman remains without a response. In such cases, one of the most effective tools for protecting rights is a lawyer's request to the military unit.

What is a lawyer's request and when is it needed?

A lawyer's request is an official written appeal from a lawyer to a government agency, military unit, enterprise, or institution, demanding the provision of information or copies of documents necessary to protect the rights and legitimate interests of the client.

In cases where a servicemember does not receive a response to their report or faces a refusal of discharge, a lawyer's request becomes an effective way to obtain the necessary materials for further action – filing a lawsuit, submitting a complaint, or filing a statement regarding the inaction of officials.

For example, the following documents can be requested using a lawyer's request:

1. Act of official investigation;
2. Extract from the order on enlistment in military service;
3. Extract from the order on removal from the personnel lists of the military unit;
4. Extract from the order on discharge from military service;
5. Information on unauthorized absence from the unit (copies of acts, witness interrogations, orders);
6. Materials of the military medical commission examination and its conclusions;
7. Certificates related to military service.

Why should you seek the help of a lawyer?

Many military personnel try to resolve issues independently by sending numerous appeals and complaints, but often without success. The reason is simple – officials in military units have no direct obligation to respond to unofficial requests.

A lawyer's request, however, has legal force, as it is submitted in accordance with the Law of Ukraine "On advocacy and legal activity". According to Article 24 of this Law, institutions, organizations, and officials are obliged to provide information or copies of documents in response to a lawyer's request, unless this data constitutes a state or official secret.

Thus, an official request from a lawyer:

• it obliges the command to respond;
• it records the fact of the appeal and the inaction of the unit;
• it creates an evidentiary basis for further legal action;
• it can expedite the consideration of the issue of dismissal, treatment, or transfer.

If a military unit fails to respond to a lawyer's request, this constitutes a violation of the law, and the lawyer has the right to file a complaint with the Higher qualification and disciplinary commission of the bar association or to appeal to the court regarding the inaction of officials.

Timeframe for responding to a lawyer's request

According to current legislation, a military unit or other government agency must respond to a lawyer's request within 5 business days.

If preparing a response requires additional time (for example, due to the need to gather information from archives), the deadline may be extended to 20 days, but only if the lawyer is notified in writing with an explanation of the reasons.

Any disregard of the request or deliberate delay in responding is a direct violation of the professional rights of the lawyer, as well as the rights of their client.

How does a lawyer's request help a servicemember?

In practice, a lawyer's request is often the first step towards a real solution to a problem. Having received the official documents, it becomes possible to:

• to prove the fact that a report was filed and subsequently ignored;
• to confirm the existence of grounds for dismissal or medical treatment;
• to establish whether disciplinary measures were taken against the servicemember;
• to obtain documents necessary for applying for assistance in connection with the death of a servicemember;
• or for obtaining a deferment for relatives of those killed or missing in action;
• to prepare a well-founded complaint or lawsuit.

For example, if a servicemember has submitted a resignation request due to family circumstances, but the command has not responded, a lawyer's inquiry can determine at what stage the document is being considered, whether it has been approved, and whether an order for dismissal exists.

An inquiry can also be used to obtain military medical commission documents, for appealing a military medical commission decision, or if the military unit does not provide the results of a medical examination or delays referral for treatment.

A lawyer's request to a military unit is an effective tool that allows a servicemember to obtain important information, confirm instances of inaction or violations, and protect their rights through legal means.

If your request for resignation, transfer, or medical treatment is being ignored, don't wait for months. Contacting a lawyer and sending a lawyer's request will not only help you obtain the necessary documents but will also force the command to act within the law.

As a result, you will have an official response, confirmation of your actions, and a legal basis for further steps – from filing a complaint to seeking legal protection in court.