Subject of Dispute: A serviceman challenges the order of his transfer to a lower position without taking into account his military specialty.
Main Arguments of the Court: The Supreme Court recognized that during a special period (martial law), military command has the right to transfer servicemen to other positions without their consent for the purpose of completing the army. The Court considers that the non-indication of the military specialty in the order is not a basis for canceling the decision, as this is a formal violation that does not affect the essence of the transfer.
Court Decision: The Supreme Court left the cassation complaint unsatisfied and supported the decisions of previous judicial instances regarding the legality of the serviceman’s transfer order.
