Military personnel of the Armed Forces of Ukraine are not granted leave at the summons of an investigator: what to do.
If a serviceman of the Armed Forces of Ukraine needs to leave the place of service, for example, at the summons of an investigator, he does not need to apply for leave for this. Absence of the military for this reason is formalized in another way.
On the portal 'Lawyers.UA' an article by lawyer Yuriy Ayvazyan has been published, which explains how the duty of servicemen of the Armed Forces of Ukraine to leave for participation in court proceedings as witnesses is realized. According to Yuriy Ayvazyan, participation in judicial actions is not considered leave, so it is not necessary to apply for leave to leave for a summons to an investigator.
Witness in the case - can one go to the investigator's summons
A citizen who is a serviceman of the Armed Forces of Ukraine sought legal advice because he had to appear at the summons of an investigator in a case where he is a witness. The question arose regarding the necessity to apply for leave for this absence.
Lawyer Yuriy Ayvazyan explained that in this case leave is not needed, but it is necessary to obtain an order from the commander of the unit for release from official duties at the time of participation in court processes as a witness.
Thus, a military person can leave the place of service to participate in court proceedings if he receives the appropriate order.
How a serviceman is released from service to law enforcement officials
In case of summons of a serviceman to an investigator or participation in court proceedings, Yuriy Ayvazyan recommends obtaining an order from the commander of the unit for release from official duties for this period. Only after receiving such an order will the military have the opportunity to leave the place of service to participate in judicial actions as a witness.
In a general context, the text emphasizes that servicemen of the Armed Forces of Ukraine can be released from the place of service to participate in court proceedings as witnesses without special leave applications, enough to obtain an order from the unit commander for the required period.
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