Penalty for a military unit commander
solvedCan a service member file a lawsuit to recover damages from the commander of a military unit for an unlawful refusal of discharge?
Answers
To appeal the refusal to approve the report for discharge from military service, you must apply to the district administrative court with a statement of claim to recognize the actions as unlawful and to compel certain actions to be taken. Deadline for applying to the court: 6 months from the moment you learned or could have learned about the refusal to approve the report (if the deadline is missed, it can be renewed). Court to which you must apply: the district administrative court at the place of registration of the plaintiff or the defendant. Timeframe for the decision: within two months from the moment the proceedings are opened. Claims: to oblige the military unit to make a decision (order) on discharge in accordance with Article 26 of the Law of Ukraine "On Military Duty and Military Service".