Changing the official status of a serviceman: what the law says

Obviously, the legislation that defines the army rules differs significantly from the legal norms in a regular workplace. The army has significant restrictions. Let's try to figure out what rights and obligations a serviceman has in the event of a change in his official status.

Change of position without the serviceman's consent

The Decree of the President of Ukraine "On the Regulations on Military Service of Citizens of Ukraine in the Armed Forces of Ukraine" states that a military position may be changed to a higher, equivalent or lower position.

A serviceman may be transferred to a higher position in the order of promotion. It should be emphasized that he or she has no right to refuse the promotion - this will be perceived as a failure to comply with an order.

Transfer to an equivalent or lower position

A serviceman may be transferred to an equivalent or lower position in the following cases:

• Due to staff reductions or organizational measures. Organizational measures mean any changes in the structure, composition or functions of units. For example, a battalion may be reorganized into a brigade or a unit may be transferred to another command.
• To rotate military personnel serving in difficult conditions. The term of service in difficult conditions is limited, so it requires rotation.
• To gain practical experience in management or for more appropriate use in their specialty or work experience.
• For health reasons, based on the conclusion (resolution) of the military medical commission, a serviceman is transferred to a position with less authority and responsibility because he is unable to perform the duties of the position. This is considered a step backward in terms of career advancement, even if the position is formally equivalent.
• On the basis of the attestation, a military person may be transferred to a job with less authority and responsibility.
• Due to a conflict of interest in the case of a family relationship between a supervisor and a subordinate.
• In case of cancellation of access to state secrets.
• In case of disciplinary punishment.
• In connection with enrollment in education or in case of appointment to a position after graduation.
• In connection with the expiration of the term of office.

Change of position is negotiable

There are a number of cases when a serviceman can influence the decision to change his position:

• For health reasons, based on the conclusion (resolution) of the military medical commission, a serviceman cannot serve in difficult conditions of the area where he was to be transferred.
• Family members of a serviceman cannot live in certain difficult conditions for health reasons. For example, a child has asthma. In this case, the serviceman must provide medical evidence that the relocation is impossible.
• A serviceman may submit a report to change his place of service or, on the contrary, to remain in his position due to family circumstances. For example, they need to take care of a seriously ill parent or a young child. However, in this case, the final decision will be made by the command.
• A servicewoman who is pregnant or has a child under three years of age may request to be transferred to a position with fewer responsibilities.
• A servicewoman with the status of a single mother or father and children under 14 or children with disabilities may apply for a change in service conditions, but the final decision is made by the command.

Thus, in most cases, a serviceman cannot influence the change of position, even if it is a promotion. At the same time, there is a limited group of situations in which a serviceman can actively influence the final decision. However, in some of these situations, the final decision remains with the command.

Олег Пархітько