Ukraine

Martial law: what to do if a military man is not given leave for family reasons

The law provides for cases when a military officer can take it.

Martial law: what to do if a military man is not given leave for family reasons

The Verkhovna Rada of Ukraine extended martial law in Ukraine and general mobilization for 90 days. Thus, the martial law in Ukraine in connection with Russian aggression has been extended for another three months, that is, until May 20, 2023.

Read also: General mobilization: who can serve after 60 years

< p>Lawyer Andriy Karpenko explained how a serviceman should act if he is not granted leave for family reasons.

He reminded that the Law of Ukraine No. 2822-IX “On Amending Clause 18 of Article 10-1 of the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” regarding the provision of leave to servicemen during martial law has entered into force.

According to the text of the law, during a special period during martial law, military personnel may be granted a part of their annual basic leave, as well as leave for family reasons and for other valid reasons with the preservation of financial support.

Each of the specified vacations can last no more than 10 calendar days without taking into account the time required to travel within Ukraine to the place of the vacation and back, but no more than two days one way.

At the same time, part of the annual basic leave may be granted once during the calendar year, provided that no more than 30% of the total number of servicemen of a certain category of the corresponding unit are absent at the same time.

A serviceman may request leave due to family circumstances.

The reason may be :

  • marriage;
  • funeral of a relative or loved one;
  • severe health condition of relatives by blood or marriage.

In such a case, the military must first submit a report and clarify the situation. It is advisable to provide a document confirming this. For example, an application for marriage registration. The decision to grant leave and its duration is determined by the commander of the military unit.

If the command does not respond to the report, the soldier can complain. This is where the disciplinary statute of the Armed Forces comes into effect.

According to him, all servicemen have the right to send statements or complaints or to personally address officials, military administration bodies, law enforcement agencies, bodies that conduct pre-trial investigations, and other state bodies in case of illegal decisions, actions (inaction) in relation to them by commanders (chiefs) or other military personnel, violation of their rights, legitimate interests and freedoms; illegal imposition of duties on them or illegal prosecution.

A statement or complaint on other issues of official activity is submitted to the immediate commander (chief) of the person whose actions he is complaining about, and in the event that persons who file a complaint, do not know whose fault their rights were violated, the application or complaint is submitted in order of subordination. Proposals are submitted in the same order.

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Source: ZN

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