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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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When providing legal aid to military personnel, one of the most effective tools for clarifying the necessary circumstances, speeding up the process of reviewing the report, clarifying the legality of the command's actions, and influencing the illegal actions of the commanders is a lawyer's request to the military unit. If the requirements are correctly formulated and met, a lawyer's request is an effective and efficient method of protecting the rights of military personnel.

The term of consideration of the report

The report is drawn up by professional lawyers and must contain an outline of the main events, documents that can confirm it, justification of the correctness of the client's position and requirements that will be appropriate in a specific situation. After drawing up the report, the lawyers send it to a certain military unit, and there, in turn, they must provide the necessary answer. Since Articles 21-23 of the Code of Ukraine on Administrative Offenses provide that unlawful refusal to provide information, untimely or incomplete provision of information, failure to provide information, in accordance with the Law of Ukraine "On Advocacy and Advocacy" entails the imposition of a fine on officials from twenty-five to fifty tax-free minimum incomes of citizens. In turn, the legality of submitting such a request by a lawyer is regulated by Article 20 of the Law on Advocacy and Advocacy.

The term of consideration of the report is currently not stipulated by the current legislation. In general, based on practice, the processing time takes 2-3 weeks from the moment of sending.

In order to understand in more detail how a lawyer's request to a military unit works and what its effectiveness is, let's analyze the situation from the real practice of our company. Military serviceman Oleg, mobilized on February 26, 2022, decided to resign for family reasons after six months of service. Since he had a wife with the II group of disabilities, which is the basis for dismissal in accordance with Art. 26 ZU "On military duty and military service". The civil servant drew up a report on dismissal and sent it to the command of his military unit in which he served. However, the command refused to consider the report, without indicating any objective reasons and grounds for this.

Oleg turned to our company for help and protection of his rights. After analyzing the situation, we made a lawyer's request to solve this problem and restore the client's violated rights.

In this lawyer's request, we clearly spelled out the rights of a serviceman to receive a release due to family circumstances, justifying it with specific legal acts and the real circumstances of the case. It was noted that the command is illegally delaying the response and signing of the report, thus violating the rights of the serviceman. In the final part of the request, the company's lawyers clearly indicated that, in accordance with the law, in case of inactivity of the command of the military unit, they will challenge these actions in court and noted three main issues:

  • Will the serviceman's report be considered?
  • On what grounds did the command violate the serviceman's right to receive a release?
  • When will the report be considered and an answer provided?

After 7 days from the day the lawyer's request was sent to the military unit, the command provided a response and signed a report on the release of serviceman Oleg.

 

Therefore, in case of questionable issues and violations of rights on the part of the command of the military unit, it should not be ignored, and it is necessary to seek qualified legal assistance as soon as possible.

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Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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