Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Lawsuit against a military unit
Violation of the rights of servicemen by the military unit, unfortunately, is not a rare occurrence today. Going to court in such cases becomes the best way to influence the situation to restore the violated right. If you also need to use such tools to protect yourself in the legal field, a good solution would be to enlist the support of lawyers working in the field of military law.
The specialists of the law firm “Prikhodko&Partners” specialize in this area of law. So, when you contact us, it gives you the opportunity to receive qualified assistance and influence the situation in the legal field really effectively.
In what situations do servicemen often go to court?
In general, situations when the rights of a serviceman are violated can be different. But most often problems arise when a person has the right to be dismissed, but is not dismissed. Or – a serviceman’s health has deteriorated, but he is not referred to the military medical commission. It is with such problems that people most often turn to us, needing legal assistance.
For example, a serviceman can write a report for dismissal with a clear indication of the reason for this, and his report is not considered. This happens when one of the person’s close relatives needs constant care, or – when, for example, a third child is born. There can be many situations, but in such cases they all boil down to the fact that the client needs high-quality legal intervention and protection of his rights and legitimate interests.
No less common are cases when a serviceman’s health deteriorates, then he is nevertheless referred to the military medical commission, but representatives of this commission see the person as “healthier” than he actually is. And then you have to appeal the military medical commission conclusion in administrative or judicial proceedings. As practice shows, the judicial method is somewhat more complicated, but it is precisely it that gives you the opportunity to win the case.
Precedents of court cases with military units
On the Internet, you can find quite a few examples of cases in which a serviceman filed a lawsuit against a military unit. Such cases are considered in the administrative procedure.
One of the above examples is the Decision of the Ternopil District Administrative Court in case № 500/6718/23. The serviceman appealed to the court due to the fact that his report for dismissal for family reasons had not been considered for more than 30 days. He noted that before mobilization he had been caring for his grandmother, who has a group I disability, and provided evidence that his mother could not care for her due to her health condition.
The court partially satisfied the claim and recognized the inaction regarding the failure to make a decision based on the results of considering the relevant report as unlawful. Therefore, the report was ordered to be considered.
Another example of a military serviceman’s claim against the TCC and the military unit is reflected in the Decision of the Vinnytsia District Administrative Court of August 23, 2024. The plaintiff demanded that he be removed from the lists of the military unit, given that his mobilization took place illegally, since he has the right to a deferral based on a properly executed reservation. The court decision highlighted the conclusion that the order of the head of the TCC to call the plaintiff for military service is unlawful and therefore subject to cancellation.
There are quite a few more similar cases. As you can see, it is the judicial method of influencing the situation that becomes the key to changing it. Therefore, full or at least partial satisfaction of the claim in cases where the defendants are the military unit and/or TCC is observed quite often.
How can we be useful?
As noted, military law is our specialization. Therefore, you can contact the lawyers of the law firm “Prikhodko&Partners” to receive the following categories of services:
Consulting. Any interaction begins with an initial consultation, where the specialist carefully analyzes the client’s request and determines its prospects, planning a further algorithm of actions.
Legal support. Not in all situations the case requires a resolution in court. First, it is worth considering pre-trial methods of regulation. For example, this may be a lawyer’s request regarding the consideration of your report by authorized persons of the military unit. Such a request must be answered in a fairly short time, as this is provided for by the norms of current legislation.
Representation of interests in court. If other methods of influencing the situation have not proven effective, then the time has come to prepare and file a claim with the administrative court. And it is precisely on how well the plaintiff’s position is presented that the outcome of the case depends.
If you need quality legal services from the above list, please fill out the feedback form on our website. After that, a lawyer will contact you to provide an initial consultation.
Calculate the cost of services
1 question
Has 6 months passed since the date of the unlawful actions/inactions or decisions of the military unit?
2 question
Have you sought a pre-trial resolution of the issue (complaint against a military unit)?
3 question
Do you have a written refusal from the military unit?
4 question
Do you need help from a military law lawyer?
Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
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