Consultation with a military lawyer and legal assistance for servicemembers
If you do not plan to invest significant funds in your military law issue on a lawyer, we recommend that you contact the nearest Free Legal Aid Center https://www.legalaid.gov.ua they specialize in military law.
Recently in our country legal assistance to servicemembers has become particularly important and in demand. Although military law may seem a very narrow field, a consultation with a military lawyer may be needed by anyone: a civilian (most often on issues of conscription for compulsory military service and mobilization), a servicemember (in connection with service), as well as a reservist or retired servicemember (on issues of material and social support or benefits).
Protection of servicemembers’ rights
According to Ukrainian laws, servicemembers who have been in the ATO zone have the same rights and social guarantees from the state as participants in any other hostilities. ATO rights: steady pay, housing and other social benefits and guarantees from the state that servicemembers are entitled to.
But, unfortunately, an armed conflict participant does not always receive the benefits and social guarantees due from the state. That is why the protection of servicemembers’ rights and the protection of ATO veterans are among the most common cases that military lawyers face today. If you encounter unlawful actions by military superiors toward you or cannot obtain the necessary benefits or documents, remember that such problems can always be solved by specialists.
Consultation and services of a military lawyer
A military lawyer in Kyiv handles:
- consultations on issues related to conscription for compulsory service, mobilization, service performance and dismissal from the Armed Forces of Ukraine;
- legal assistance to servicemembers and their families on issues of material and social support (medical care, pension provision, social guarantees of the state);
- defense of servicemembers in disputes over unlawful dismissal from military service and reinstatement;
- consultation on insurance and compensation for damage caused in connection with service;
- representation of interests and protection of the rights of persons in cases related to military duties (including in criminal proceedings);
- providing information about the right to deferment in case of conscription for compulsory service or mobilization;
- full legal analysis of contract terms, support for its conclusion and termination.
The most common problem for civilians is the accusation of evading military duty. Do not underestimate this situation, because both administrative and criminal liability are provided for by law. The penalty may reach 5 years imprisonment (in the case of mobilization). The summons, according to the usual template, states the liability provided for by Art. 210 of the Code of Ukraine on Administrative Offenses. But during the case you may be held liable under completely different articles (including the Criminal Code of Ukraine). A military affairs lawyer in Kyiv will be able to promptly provide the necessary consultation on the problem, develop a scheme for defending your rights and interests, discuss with you the procedure for initially giving testimony, which will play a decisive role in the outcome of the case, and also collect the largest possible package of documents to support your legal position.
Often conscripts act based on logical and moral considerations, basing their decisions and actions on information that spontaneously appears in society. But such a tactic can lead to dire consequences: at minimum — that, despite all your efforts, you will serve in the military; at maximum — being brought to criminal responsibility and serving a sentence in places of detention.
A vivid example confirming such practice in Ukraine is the spontaneous spread on the Internet of sample statements refusing mobilization. Trying to protect their lives and health, young people compose such statements, referring to articles of the Constitution and laws of Ukraine, hoping thereby to prove the existence of legal grounds for refusing mobilization. But the Constitution of Ukraine states that citizens are obliged to perform military duty according to the law, to defend the Fatherland, independence and territorial integrity of the state. Ukrainian legislation does not provide for the possibility of refusing this duty. Such statements can only exacerbate an already difficult situation and confirm deliberate intent to evade mobilization. Therefore, to successfully resolve this problem you need to contact a specialist. A military lawyer will be able to comprehensively consider all the data concerning your personal situation, guided by the letter of the law, and find truly legal grounds for the maximum protection of your interests.