Removal of disciplinary action against a serviceman

The procedure for removing a disciplinary sanction from a serviceman is determined by the Disciplinary Statute of the Armed Forces. When it comes to penalties for violation of public order or military discipline, the commanding officer of a serviceman has the right to impose them. If a serviceman commits an administrative offense, he bears disciplinary responsibility on the basis of the aforementioned Statute, except for the cases provided for by the Code of Administrative Offenses.

Legal norms VS reality

Despite the fact that the legal norms seem well-founded, in practice, a military serviceman often encounters the human factor, when the disciplinary action is actually unfair and does not have proper grounds. In such cases, the only rational solution will be to appeal the disciplinary action of a serviceman. But we will talk about this a little later, because first it is worth touching on the key theoretical aspects on this topic.

What are the disciplinary sanctions?

The most common types of sanctions are reprimands, reprimands, severe reprimands, deprivation of regular dismissal from the HF location, demotion in position or rank. A warning about incomplete service compliance may also apply. And when it comes to official misconduct, in such a case dismissal from service is provided for.

The above-mentioned Statute provides for a complete list of the powers of commanders and chiefs in the matter of removing disciplinary sanctions. It is worth noting that only those penalties provided for in the Statute and appropriate to his rank and the authority of the commander who uses this form of influence can be imposed on a military officer. In some cases, the imposition of fines is preceded by an official investigation. It is worth noting that the norms of the current legislation are sufficiently detailed and complex in the mentioned issues. Therefore, in order to understand them, a serviceman often needs professional help. If you are looking for a lawyer on military issues, then such specialists are in the team of the Prikhodko&Partners law office.

How to appeal a disciplinary sanction?

There are two options for appealing a disciplinary sanction. The first is a complaint that is submitted to a senior commander or chief. The second option is judicial. It is important to comply with the deadlines established by law. It is a month since the foreclosure was imposed.

When it comes to filing a complaint, the outcome of its consideration largely depends on how competently it will be filed. Therefore, in such a matter, it is worth enlisting the support of a good lawyer. If we talk about our services in the following categories of client requests, they can be as follows:

• consulting;
• assistance in filing a complaint;
• representation of interests in court.

If you need a consultation, it can be done in a format that is convenient for you. We not only consult offline and via video and audio communication, but we can also answer your questions in writing if you are in a place with poor communication. And if there is a need to defend your rights in court, we will make all the necessary professional efforts to make the case a winner.