THE RIGHT OF A SERVICEMAN TO DISPLACEMENT

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Kozyan Tatyana

Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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THE RIGHT OF A SERVICEMAN TO DISPLACEMENT

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In accordance with the Regulation "On Military Service of Ukrainian Citizens in the Armed Forces of Ukraine" (hereinafter Regulation № 1153/2008) dated December 10, 2008, servicemen may be transferred.

In accordance with Clause 110 of Regulation № 1153/2008, the transfer of private, non-commissioned, and senior staff members in the presence of substantiated, taking into account the conclusions of the certification, recommendations of their immediate and direct superiors based on the requests of commanders (supervisors) who raised the issue of relocation is carried out:

  • between formations, military units, operational commands - on the orders of the official to whom the relevant formations, military units and operational commands are subordinate;
  • between types of the Armed Forces of Ukraine and military units subordinated to the chiefs of the structural subdivisions of the General Staff of the Armed Forces of Ukraine - by order of the Commander-in-Chief of the Armed Forces of Ukraine;
  • between military units of the types, types of troops (forces) of the Armed Forces of Ukraine and military units subordinate to the Ministry of Defense of Ukraine - by order of the head of the personnel service of the Ministry of Defense of Ukraine.

A serviceman may be transferred from one military unit to another in the cases specified in Clause 82 of Regulation № 1153/2008.

Movement on these grounds can be carried out without the consent of a serviceman, but there are cases in which movement is possible only with consent, namely:

  • the impossibility of completing military service according to the decision of the military medical commission;
  • impossibility of residence of family members of a serviceman due to health conditions in the area where he is being transferred (according to documents confirming this);
  • If there is a need to care for incapacitated or ill parents, a wife (spouse) or persons who have raised a serviceman since childhood instead of parents and have been recognized as guardians and live separately from the serviceman's family.

In accordance with clause 113 of Regulation № 1153/2008, the transfer of a serviceman for the above-mentioned reasons (also called family circumstances) is carried out according to the report and in the presence of appropriate medical conclusions (if they correspond to the reason).

That is, in order to submit a report on the movement (transfer), a serviceman must also provide certain documents confirming the existence of a reason.

The types of certificates and their quantity will depend on the reason for moving, but you can specify an approximate list of documents:

  • the resolution of the People's Liberation Army on the impossibility of military service;
  • certificates on the spouse's medical condition;
  • certificates about disabled parents of a serviceman, spouse, brothers, sisters dependent on this person;
  • certificates of minor children, full-time full-time students who are dependent on a serviceman,
  • certificates on the presence of the established fact of disability of group I or II in children, etc.

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Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

Contact now
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