Lawyers in military cases in Khmelnytskyi conduct cases in full - appeals against the conclusions of the Military Medical Commission and decisions of the CCK and Social Support, defense in criminal and administrative proceedings, as well as issues of payments, pensions and benefits for military personnel. The Khmelnytskyi District Administrative Court considers administrative claims within the entire region, criminal and administrative offenses - courts of general jurisdiction, and it is the practice in both directions that determines the effectiveness of defending the client's position. Appealing to a lawyer at an early stage allows you to accurately determine the category of the case and not miss the deadline established by law.
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Most of these cases have one thing in common: procedural deadline. Missing the deadline for appealing is an independent ground for refusal, regardless of how well-founded the position is on the merits. The deadline can only be extended through the court and only if there is a good reason, so it is worth contacting a lawyer before the deadline expires.
Select the category of your case to see specific situations, legal grounds, and references to legislation.
| Case | Problem and legal basis |
|---|---|
| Appeal against the Territorial Recruitment Centers inaction regarding the consideration of the application for a postponement | The Territorial Recruitment Centers does not consider the submitted application within the established time limit. Basis: Code of Administrative Procedure of Ukraine. |
| Appealing the actions of the Territorial Recruitment Centers and Social Support / annulling the resolutions of the Territorial Recruitment Centers and Social Support | Unlawful resolution to bring to justice or other action of the Territorial Recruitment Centers. Basis: Code of Administrative Procedure of Ukraine. |
| Removal from wanted list of Territorial Recruitment Centers and Social Support | The person was put on the wanted list by mistake or without legal grounds. Basis: Code of Administrative Procedure of Ukraine; Law "On Mobilization Training and Mobilization". |
| Appealing a refusal to discharge from military service | The command unjustifiably refuses to release if there are legitimate grounds. Basis: Code of Administrative Procedure of Ukraine; Law "On Military Duty and Military Service". |
| Appealing the refusal to grant Participant in Combat Actions status | The commission's refusal to recognize the status of a participant in hostilities. Basis: Law "On the Status of War Veterans, Guarantees of Their Social Protection". |
| Case | Problem and legal basis |
|---|---|
| Abandonment (unauthorized abandonment of a unit) | Criminal prosecution for leaving a unit/place of service. Basis: Article 407 of the Criminal Code of Ukraine. |
| Desertion | Accusation of intent to evade service permanently. Basis: Article 408 of the Criminal Code of Ukraine. |
| Disobedience/failure to follow an order | Open refusal to carry out a superior's order or other deliberate failure to comply. Basis: Articles 402–403 of the Criminal Code of Ukraine. |
| Resistance or threat/violence towards superior | Accusation of coercing a superior into breaching his duties. Basis: Articles 404–405 of the Criminal Code of Ukraine. |
| Violation of statutory rules of relations | Accusation without a relationship of subordination. Basis: Article 406 of the Criminal Code of Ukraine. |
| Crimes related to weapons and military equipment | Charged with a weapons/equipment violation. Basis: Chapter XIX of the Criminal Code of Ukraine (war crimes). |
| Case | Problem and legal basis |
|---|---|
| Appealing the Military Medical Commission's conclusion on suitability | The commission did not take into account the real state of health or violated the examination procedure. Basis: Order of the Ministry of Defense No. 402 of 14.08.2008. |
| Establishing the fact of combat injury/wound | Refusal to recognize the connection of the injury to service. Basis: Order of the Ministry of Defense No. 402; Law "On the Status of War Veterans". |
| Refusal to provide treatment or medical care | A medical facility or agency refuses to provide proper care. Basis: Fundamentals of healthcare legislation. |
| Compensation and insurance payments for injuries | Refusal to pay a lump sum cash benefit for injury. Basis: Law "On Social and Legal Protection of Military Personnel and Members of Their Families". |
| Case | Problem and legal basis |
|---|---|
| Refusal to comply with lawful demands of the commander | Protocol on administrative offense. Basis: Article 172-10 of the Code of Administrative Offenses. |
| Violation of military registration rules | Penalty for failure to appear/untimely update of data in the Territorial Recruitment Centers. Basis: Article 210 of the Code of Administrative Offenses. |
| Violation of mobilization legislation | Protocol for violation of mobilization training procedures. Basis: Article 210-1 of the Code of Administrative Offenses. |
| Driving while intoxicated (military serviceman) | Protocol under Article 130 of the Code of Administrative Offenses regarding a military serviceman. Basis: Article 130 of the Code of Administrative Offenses. |
| Case | Problem and legal basis |
|---|---|
| Payments upon discharge from military service | Non-payment or underpayment of severance pay. Basis: Law "On Social and Legal Protection of Military Personnel". |
| Social benefits and assistance | Refusal to provide benefits provided by the status. Basis: Law "On the Status of War Veterans". |
| Pension payments | Incorrect calculation or refusal to assign a pension. Basis: Law "On Pension Provision for Persons Discharged from Military Service". |
| Housing compensation | Refusal to register for housing or pay compensation. Basis: Law "On Social and Legal Protection of Military Personnel". |
| Unlawful dismissal/denial of employment | The employer violates guarantees for military personnel/veterans. Basis: Labor Code of Ukraine. |
| Case | Problem and legal basis |
|---|---|
| Deferral from mobilization | The Territorial Recruitment Centers does not accept documents for deferment or rejects them without reason. Basis: Article 23 of the Law "On Mobilization Training and Mobilization". |
| Lawyer requests to the Territorial Recruitment Centers and the Joint Venture | Obtaining official information/documents through a lawyer's request with recording of the submission. Basis: Law "On the Bar and Legal Practice", Article 24. |
| Registration and deregistration from military registration | Errors in credentials, need to be corrected. Basis: Law "On Military Duty and Military Service". |
| Documents for traveling abroad | Refusal to cross the border or leave for other lawful reasons. Basis: Resolution of the Cabinet of Ministers No. 57 “On the Peculiarities of Traveling Abroad”. |
| Question | What does a lawyer provide? |
|---|---|
| Consultation "The Territorial Recruitment Centers and JV are looking for you" | Situation assessment, action plan, advocacy. Basis: Code of Administrative Procedure of Ukraine; Law "On the Bar and Legal Practice". |
| Violation of military registration rules - consultation | Clarification of rights, preparation of a defense position. Basis: Code of Administrative Offenses, Articles 210, 210-1. |
| Individual legal strategy | Developing a strategy taking into account client documents. Ethics: strict legal secrecy and confidentiality (Art. 22 Law "On the Bar"). |
| Case | Problem and legal basis |
|---|---|
| Restoration of rights after unlawful dismissal | Cancellation of the dismissal order, reinstatement. Basis: Code of Administrative Procedure of Ukraine. |
| Appealing against illegal decisions of the Military Medical Commission | Cancellation of erroneous conclusion, re-examination. Basis: Order of the Ministry of Defense No. 402. |
| Recovery after the conflict with the military prosecutor's office | Appealing decisions, protection against unjustified persecution. Basis: Criminal Procedure Code of Ukraine. |
| Restoration of rights after detention or arrest | Challenging the legality of detention, returning property/status. Basis: Criminal Procedure Code of Ukraine. |
Importantly: Each case is unique and requires a detailed analysis of the documents. The reasons given are general guidelines and not definitive legal advice.
The presence of an entry in the Unified Register of Advocates of Ukraine (URAU) means that the specialist has passed the procedure established by law for obtaining the status of an advocate and is subject to the rules of advocate ethics. In Khmelnytskyi, lawyers with such status, specializing in military cases, conduct cases in courts to appeal decisions of the Territorial Recruitment Centers, refusals to postpone or reserve, as well as conclusions of the Military Medical Commission, relying on a narrow specialization in this category of disputes.
| № | Last name, first name, patronymic of the lawyer | Telephone | Addresses | |
|---|---|---|---|---|
| 1 | Military lawyer Fortelna Yuliya Yuriivna | (096)7979638 | 29001, Khmelnytskyi, Shevchenko St., 34/206 | — |
| 2 | Military lawyer Chernobay Natalia Nikolaevna | (063)4429271 | 29001, Khmelnytskyi, Shevchenko St., 34/221 | — |
| 3 | Military lawyer Vovk Igor Yuriyovych | (063)4124126 | 29001, Khmelnytskyi, Starokostyantynivske highway, 26A/513 | titan.in.ua1@gmail.com |
| 4 | Military lawyer Kostenko Konstantin Volodymyrovych | (096)1571297 | 29000, Khmelnytskyi, Hrushevskoho St., 87 | advokat_kvk3@ukr.net |
The category of the case is determined by the court. Appeals against decisions of the Military Medical Commission, Territorial Recruitment Center and payment issues are administrative proceedings. Cases under Article 407 of the Criminal Code are considered by local courts in the general procedure.
Due to martial law and possible changes in territorial jurisdiction, it is recommended to check the current information on the portal "Judicial Authority of Ukraine"Representation is possible regardless of the client's location: the "Electronic Court" system and video conferencing allow you to participate in the case remotely, and documents are signed by the CEP.
Lawyers in military cases who accompany the client at the stage of pre-trial investigation work with a specialized unit - it is he who conducts crimes against the established procedure for military service (Article 407 and related articles of the Criminal Code):
Timely involvement of a lawyer at the stage of serving a suspicion or summons for interrogation allows you to fully exercise the right to defense and avoid procedural errors that are difficult to correct in court later.
The legal framework of military lawyers in Khmelnytskyi covers several branches of law at once - criminal, administrative, social. Below are the key regulatory acts that lawyers rely on in the cases of military personnel and reservists.
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