Violation of the rights of servicemen

The key principles in the area of protection of the rights of servicemen are defined by the Law of Ukraine «On the Social Status of Servicemen and Members of Their Families» № 2011-XII, which was adopted on December 20, 1991. This legal act establishes a system of legal protection designed to guarantee favorable conditions for the military to fulfill their constitutional duty to defend Ukraine. At the same time, violations of military personnel's rights are not uncommon. Especially now, during martial law, when the number of citizens who have joined the Armed Forces has increased many times over.

The lawyers of the Prikhodko & Partners Law Firm offer their services in cases where your rights as a serviceman have been violated. Military law is among the top areas of jurisprudence in which we specialize. Therefore, you can get qualified and high-quality assistance by contacting us.

What are the most common cases of violations of the rights of the military?

Violations of servicemen's rights can be of a different nature. For example, a fairly common situation is an unlawful refusal to discharge a person from service if there are grounds. It can also be a failure to pay the money due. The first of these situations can unfold in different scenarios.

For example, a serviceman has a third child and becomes a father of three children under the age of 18, but this circumstance is not taken into account. Or, they were wounded or suffered a severe exacerbation of a chronic illness, and the representatives of the military medical commission in their conclusion see the person as much «healthier» than he or she actually is. These are just some of the problems faced by the military. In reality, the range of situations is much wider. By providing legal assistance to servicemen, our team helps to restore justice and achieve the right to discharge.

Another common category of requests is related to the violation of the military's rights to receive proper financial support, in particular, its recalculation. Military personnel who served from 2020 to May 2023 should be aware that they are entitled to recalculate their allowances.

And another story that is quite repetitive is related to the denial of pension benefits as a combatant. In general, the list of possible situations where servicemen face violations of their rights is quite extensive.

What are the key ways to influence the situation?

There are 2 key ways to move in the legal field in order to defend the violated right:

• Pre-trial method. It consists in writing a complaint to an authorized official. Practice shows that this legal tool is not always effective.
• Judicial method. The relevant application is submitted to the administrative court.

As our long-standing practice shows, it is the judicial method that allows us to have a qualitative impact on the situation, as the court decision is binding.

Our military lawyers and attorneys work with various requests on a daily basis, so they have the necessary experience and skills to resolve issues of various kinds. We will help you effectively, as we are used to always working for results. Fill out the form on the website and our lawyer will contact you as soon as possible.