Захищаємо права військовослужбовців та військовозобов’язаних від порушень з боку держави і надаємо комплексну правову допомогу від консультацій до судового представництва.
to the lead lawyer
Military law is a collective concept that encompasses all cases related to war, the army, and mobilization.
Thus, military practice can be divided into four main areas:
The law firm “DE-JURE” specializes in providing expert assistance in all areas of military law. Defenders of Ukraine also need protection, so we offer services in the legal resolution of all issues that arise during military service, mobilization, and after discharge.
The duration and price of an initial consultation with a military lawyer depend on the complexity of the issue. It can be held both remotely, with documents sent via messenger, and offline in the office of the law firm “DE-JURE”. For simple requests, the consultation lasts half an hour to an hour.
For military personnel serving in the military service, online consultation on issues related to the rights of servicemen in wartime, namely passing a military hospital commission, transfer to another unit, reports and dismissal, is free of charge (on some issues we work with defenders of Ukraine PRO BONO and see this as our social responsibility). The consultation can take place immediately or after some time, when the lawyer prepares an answer to the question. Documents for the defender are also drawn up free of charge (however, donations are welcome). If the request of a serviceman or his family concerns other issues (divorce, division of property, transfer and division of funds, etc.), then the consultation is paid according to the established tariff.
One meeting with a military lawyer is not always enough to resolve the problem – it can be a lengthy legal process.
During a consultation with a military lawyer, a serviceman must clearly formulate a request and describe his problem. Based on this, the lawyer will explain what documents are needed and how to order them.
Currently, the legislation of Ukraine does not have a single regulatory document on the protection of the rights of military personnel in wartime – it contains many norms, orders, reports and laws that refer to each other and are constantly being supplemented.
For example, a serviceman wants to be discharged because his father or mother has become disabled, and he is the only child who can take care of them. In this situation, he will need from five to eight documents, not including the report, and in each specific case the list of documents may differ. Regarding the recalculation of funds after discharge, everything is also individual: the lawyer must consider the order of dismissal, documents from the archive, accounting, personnel department and pension recalculations.
The result of the assistance of a lawyer in matters related to the war is to satisfy the request for justice and ensure compliance with the guarantees of legal and social protection of military personnel. The lawyer will offer the client legal ways to resolve the issue, which will differ in duration, complexity and cost, and the client can choose one of the options and will have an understanding of how to proceed.
Since military law includes work with serving military personnel, veterans, and those who are just being mobilized, clients’ requests can vary significantly in direction. Below we will consider the main military law issues with which the law firm “DE-JURE” is approached.
Conscription to military service in wartime is an obvious necessity. But it must take place within the legal framework, in the manner established by the current legislation of Ukraine and with respect for the rights of a citizen. Therefore, the law firm “DE-JURE” conducts a comprehensive analysis of each situation, including the grounds for deferral or exemption from conscription to military service, in order to establish potential opportunities and risks.
A deferral is granted to a person who, by law, must be mobilized, but due to life circumstances may not go to military service. We advise you to write an application for deferral of mobilization and prepare documents confirming this right in advance, without waiting for the receipt of a summons. If you have not done this in the CCC to which you are assigned, you may be mobilized.
For example, students of higher educational institutions have the right to deferral of mobilization, but what about those who study abroad? In such cases, you can get a deferment through the court.
Another example: a person who is to be mobilized takes care of a disabled family member. The lawyer’s task is to study or prepare documents about the conditions of the disability, the need for assistance, and the possibility of receiving it from other relatives. Sometimes there is a need to go to court to prove facts that the CCC does not recognize.
If the rights of those liable for military service are violated, we take measures to stop this violation, including initiating an appeal to the court and law enforcement agencies.
It is advisable to consult with a lawyer and discuss the procedure for action in the event of detention before visiting the TCC. Theoretically, if the client is detained, his relatives can contact the lawyer.
An application to the court for the release of an illegally detained person is considered for a day and a half, and during this time the client must remain in the TCC where he was detained and not agree to be moved. He must remain calm and behave politely.
The section on appealing illegal decisions of state authorities and military command includes failure to issue a decision on dismissal, transfer to another unit, fines, and individual cases of mobilization. As an example, we cite our case of mobilization of a person with Down syndrome who did not have documents. In half a year, we managed to achieve his release. We provide legal assistance in all these issues. Military service has its own characteristics during war, but this is not an excuse for violations or restrictions on the rights of our military clients. We are ready to initiate consideration of the problems that a person faces during military service in higher instances, and if necessary, to go to court to restore the rights of our clients.
The fulfillment by a serviceman of his obligations to the state must be mirrored by the fulfillment by the state of its obligations and guarantees to the serviceman. Such obligations of the state include a wide range of guarantees, from monetary rewards to various types of social security. Payments to servicemen and veterans of military operations are calculated in accordance with the legislation of Ukraine, but it often happens that recalculation is necessary due to underpayment. For example, servicemen receive 15 days of vacation out of the promised 32, and upon dismissal, compensation for the unused 20 days for each year is not paid. There have even been cases when soldiers on the front line were charged a military fee, which is illegal.
The law company “DE-JURE” provides comprehensive assistance to servicemen in exercising their rights and seeks the fulfillment by the state of its promises in the field of social protection and support for servicemen.
Protection of the interests of active military personnel and veterans, in addition to the transfer of payments, includes assistance in obtaining business grants (both to the serviceman himself and his family), compensation for vacation, appealing the conclusions of the Military Commission, etc.
We appeal to law enforcement agencies, military command bodies, other state authorities and local governments with demands to take response measures. Our task is to qualitatively and promptly prevent or stop violations of the rights of our clients, including stopping the commission of illegal actions, in particular crimes, against clients. If necessary, we go to court to appeal illegal actions, decisions or inaction of state authorities. In particular, in court you can appeal the conclusions of the Military Commission, illegal decisions of the command regarding service, the collected debt for payment of remuneration or the established right to receive social benefits or guarantees.
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