Law Firm Blog

  • Unknowns have appeared: recommendations, algorithm of action

    As soon as a notification came from the TCC and SP, the Secretary of State was in anonymity for special people, it is necessary:

    IMPORTANT: do not disseminate and do not publish on social media the information of the Zahisnik in the military form, the location of the remaining place of his transfer (discovery), the number of the military unit. Such actions can cause harm to Zakhisnik in the event of a sudden overhaul or complete loss.

    1. Submit an Application about the sound of an individual, any unknown situation in special circumstances to the territorial authority of the National Police of Ukraine. 

    The application is requested to provide the applicant with as much information as possible regarding the Zahisnik and his appointment - all details regarding the place of work, special features (tattoos, scars, piercings, etc.), speeches, what kind of things you can get from yourself (mobile phone, documents, embellishments) etc. Zakhisnik’s closest relative may also create biological samples to update DNA profiles.

    A statement about the sound of an individual, the unknown for special circumstances can be filed by contacting the territorial police department or by calling 102 (ceiling).

    After 24 years of filing an application for recognition (subject to Art. 60 CCP of Ukraine) it is necessary to remove the wire from the ЄРДР, where the PIB of the next one will be indicated on the right.

    The information recorded in the application about the sound of an individual who is unknown due to special circumstances is added to the Unified Register of Individuals who are unknown due to special circumstances.

    1. And subsequently, after submitting information to the ЄРДР, they will be released from the application of the MINISTRY OF INTERNAL AFFAIRS OF UKRAINE MANAGEMENT OF NUTRITION OSIB, HAPPENING TO INDEPENDENCE FOR SPECIAL CIRCUMSTANCES (SECRETARIAT UPPOSITED FOR THE NUTRITION OF PEOPLE WHO HAVE BEEN INCORRECTED FOR SPECIAL CIRCUMSTANCES) and to remove the title from the Unified Register of Individuals who have become unknown for special circumstances.
    2. Return from application to The State Enterprise “UKRAINIAN NATIONAL CENTER FOR RESEARCH OF THE WORLD”, which is the ultimate function of the National Information Bureau, extends to the Geneva Conventions on military service and protection of the civilian population during the hour of war to remove the entry from the register of defencists of Ukraine who are in the population of the aggressor power, so that the availability of information is as long as the presence in the population of the Zahisnik.
    3. Submit an application for release (I recommend using a lawyer) to the act of service investigation and materials of service investigation to the military unit or the TCC and SP for the fact of the known absence of the military service for special circumstances.

    Documents required by the motherland of unknown deceased/dead persons

    Notification In the territorial center, staffing and social support are provided.

    Vityag from the Unified Register of Pre-trial Investigations - the following is reported after the brutality of the statement about the discovery of Zakhisnik and the discovery of criminal activity.

    Vityag from the Unified Register of Individuals who have become unknown for special circumstances - looks like the Office of Nutrition for Special Situations (Secretariat of the Supervised Nutrition for Special Situations) of the Ministry of Internal Affairs of Ukraine. To remove the item, it is necessary to send copies of documents to confirm the particular stage of the dispute with the particular person. Please send mail to the address Kiev, st. Bogomoletsya, 10, Ministry of Internal Affairs of Ukraine, or via email [email protected].

    Confirmation of the right to use pilgas family members of military servicemenwho perished (died) and disappeared into obscurity during the course of their military service.

    The basis for the type of confirmation is a document that confirms the fact of death (death) or the loss of anonymity of the military service, as seen by the territorial center of recruitment and social support. This is a territorial center for staffing and social support for the place of residence of a family member. For children - after reaching the 7th century.

    Sheet of the Coordination Headquarters for the Promotion of Military Pollenies, the National Information Bureau, which is assigned to the Center for Coordination of the Investigation and Investigation of the Illegal Removal of Personnel from the Armed Forces aggression of the Russian Federation at the Security Service of Ukraine from confirmation of the appearance of a new/captured individual in the Register of Defensists of Ukraine, who are in the presence of the aggressor power, or the inclusion of an individual before the appearance of the army's captured enemies.

    Please note that the inclusion of an individual in the register or form does not provide official confirmation of its status as a full individual. International humanitarian law is officially confirmed the transfer of individuals from the population may be removed from the aggressor power through the Russian NIB mediated by the International Committee of the Red Cross. At this time, Russia undertakes to preserve the individual’s life for an hour of napping in fullness and to ensure the freedom of the individual, the rights granted by the Geneva Conventions.

    Pension after spending a year's salary for the absence of those who have died for special circumstances in Zahisniki:

    who, how and if can be removed 

    The legislation provides social protection to military and civilian family members who are unaccounted for in special circumstances.

    This is regulated by:

    1. By law of Ukraine “About the legal status of individuals who have fallen into obscurity due to special circumstances”
    2. By law of Ukraine “About the foreign state pension insurance”
    3. The procedure for submitting and processing documents for the recognition (rearrangement) of pensions is consistent with the Law of Ukraine “On Foreign Pension Insurance”
    4. hardening Resolution of the Board of the Pension Fund of Ukraine on November 25, 2005 No. 22-1, registered with the Ministry of Justice of Ukraine on April 27, 2005 under No. 1566/11846.

    To apply for a qualified pension, you must pay up to territorial body of the Pension Fund of Ukraine or through the web portal of electronic services of the Pension Fund of Ukraine using a qualified electronic signature or the BankID electronic system (with this option, scanned copies of original documents are provided before the application) recognition of a pension upon the loss of a year's salary for the absence of those who died during the war.

    Relatives of people who fell into obscurity during the war period can withdraw their pension after spending their annual salary.Lawyer of Ukraine dated 07/09/2003 No. 1058-IV “On foreign pension insurance”.

    From the station to the station. 9 Law  “About the foreign state pension insurance” Vor pension payments and social services are transferred: 3) pension in connection with the loss of the annual salary.

    Accordingly to stattoo 10. The right to choose pension payments: 1. Individuals who are simultaneously entitled to different types of pensions (beyond age, due to disability, due to the loss of an annual salary), one of these types of pensions is assigned to them by choice.

    Accordingly to stattoo 46 To the law  “About the foreign state pension insurance”: Payment of pensions for the last hour: 1. The accrued amount of pensions for which the pensioner has the right to be paid, unless immediately waived from the blame, shall be paid for the last hour, and not more than three days before the day of payment after recovery. pensions. In many cases, part of the amount of the remaining pension, or not more than for 12 months, is paid immediately, and the rest of the amount is paid in equal parts, so as not to exceed the monthly amount of the pension.

    2. The accrued amount of pensions, not withdrawn from the fault of the body that recognizes and pays the pension, is paid for the last hour without any exchange with the accrued compensation for the loss of part of the income. Compensation for the loss of part of the pension in connection with broken lines of payments to pensioners is subject to law.

    Right to pension recognition upon expiration of the year, it will appear one month from the day the information about the unknown person was entered to the unified police department.

    The pension can be withdrawn:

    1. children of the new age until the age of 18;
    2. children from 18 to 23 years of age, who begin the daily form of education, until the end of education;
    3. orphans under the age of 23, regardless of the fact of birth;
    4. a person or a squad, fathers, as they are people with disabilities or have reached retirement age;
    5. a man or a friend, and in each case - one of the fathers or brothers and sisters, the grandfather and grandmother of the one-year-old, regardless of age and success, as they do not work and look after the child of the one-year-old until her reach is 8 rocks;
    6. fathers and men or squads, who were not in the morning of the unknown obscurity, but in the wake of its death, they spent a lot of money before going to bed.

    To claim your pension you must:

    A package of documents must be kept in order to determine which relatives will apply for a pension:

    1. Application for pension recognition.
    2. A certificate about the people of children.
    3. Certificate about whores.
    4. Certificate about the birth of a new unknown (at the option of filing an application by fathers/brothers, sisters).
    5. Identification code of the child and passport, code, military receipt, work book, registration-vityag, like the father’s i-d passport (for obviousness).
    6. Evidence about the family's warehouse of unknown obscurity.
    7. Documents about place of residence (registrations).
    8. Vitya from the Unified Register of Pre-trial Investigations or from the Unified Register of Individuals Unknown for Special Circumstances.
    9. Proceedings from the management process, so as not to deduct other payments
    10. Evidence about the family's warehouse 

    The pension is assigned for the period during which the person maintains the legal status of an individual who has fallen into oblivion due to special circumstances. Varto note that the pension is assigned independently of the triviality of the insurance period of an individual who has died due to special circumstances.

    Payment of the pension is applied from the day following the day of entry to the Unified Register of Pre-trial Investigations or to the Unified Register of Persons Known for Special Circumstances, notes about the establishment of medical treatment, burial place or locality of the remains of an individual, unknown or unknown for special circumstances.

    The death of an individual, who has been given the legal status of an individual, who has fallen into obscurity due to special circumstances and who has died in accordance with the procedure established by law, gives the unborn members of the family of such an individual the right to a donation for the withdrawal of a pension from their relationship. wasting a year's salary on the legal bases, subject to the Law of Ukraine “On foreign pension insurance”.

    Pension payment takes place over the course of an entire hour, during which time each person is immersed in a certain obscurity. Then, until the Unified Register of Persons Known for Special Situations, a note has been made about the established place of relocation, place of burial, and place of discovery of the remains of the unknown person. 

    It should be noted that the pension upon the expiration of a year's salary for the ill-fated relatives of the deceased is recognized independently of the insurance period of the deceased individual.

    Payment for the absence of an unknown military officer:

    In accordance with Part 6 of Article 9 of the Law of Ukraine “On Social and Legal Protection of Military Servicemen and Members of Their Families”, payments are saved for military servicemen who have become unaccounted for and transferred to:  

    For military services, buried in full or guards, as well as interned in neutral powers or without weight every day, payments in the amount of the daily salary for the remaining place of service are saved, salary for military ranks, bonuses for long service, other common additional types of penny security of a stable nature and other types of penny security with the regulation of changes in the service of fatalities and standards of penny security. Families of designated military servicemen are paid monthly a penny security, including additional and other types of penny security, in order and in sizes that are established by the Cabinet of Ministers of Ukraine.

    This clause does not apply to military servicemen who voluntarily surrendered, voluntarily deprived of military units (place of service), or deserted from the Armed Forces of Ukraine, other establishments This is consistent with the laws of Ukraine, military formations and law enforcement agencies.

    Also given by the law, Part 6 of Article 9 of the Law of Ukraine “On Social and Legal Protection of Military Service Members and Members of Their Families”, it is passed that:

    The penny's security is paid such family members of military servicemen:

    squad (person), and at any time - to children of full age who live with her (him), or legal representatives (opikuns, pikluvalniks) and usinovlyuvachs minor children (individuals with disabilities from childhood - regardless of their age), as well as individuals who are in the morning military service, or to the fathers of military servicemen in equal parts, as military servicemen do not spend time with their whores and do not care for their children

    Payment of a penny security to these family members will continue until the situation of military servicemen being buried is completely cleared up. or guards, interning of military services or their release, or recognition of them in accordance with the procedure established by law weightless and dead. In all cases, the payment of a penny security will be completed no later than the day the military service is removed from the lists of the special warehouse of the military unit.

    To get to the viplats:

    Permanent salary - based on the remaining position of service.

    Salary for military ranks.

    Allowances for long service.

    Other common additional types of penny security.

    So, in practical terms, payments for the unknown include both a penny security and an additional vineyard in the amount of 100 thousand hryvnia. This nutrition is regulated by regulatory legal acts, zocrema:

    The procedure for paying penny security to the families of military servicemen who were buried in full or by guarantors, as well as interned in neutral powers or without weight - was confirmed by the Decree of the 30th November 2016, date No. 884.

    Resolution of the Cabinet of Ministers “Provision of payments to military servicemen, privates and commanders, police officers and their families during the war” – dated 28 February 2022, No. 168.

    The procedure for the current payment of penny security is paid to family members from the moment the military service member is unknown. To withdraw payments, you must submit an application in the name of the commander of the military unit and add the following documents to it:

    Copies of the sides of the passport of full-time family members.

    Proof of registration of place of residence, as this information does not fit in the passport.

    A copy of the certificate of love.

    Copies of birth certificates for children.

    A copy of the RNOCPP (registration number of the tax payer's cloud card).

    This procedure requires careful consideration and will ensure material support for these families of military servicemen who have fallen into obscurity.

    It is clear that before the Cabinet of Ministers Resolution No. 168, members of the family of military servicemen, who fell into oblivion due to special circumstances or were completely exhausted, are entitled to additional wine in the amount of 100 thousand hryvnias throughout the entire The military serviceman stays in full force until his status is changed.

    Payments will be made in response to the punishment of commanders of military units. Payments are made if there are any exclusions from the list of special warehouse parts.

  • Self-deprived military unit

    The criminal record of military services for the SZCh during the war period and in military minds was transferred to Part 5 of Article 407 of the Criminal Code of Ukraine:

    “The self-imposed deprivation of the military unit or the place of service as a military serviceman, as well as his failure to immediately report for service without important reasons, due to a combat situation, and so the very same things are trivial for three reasons, offenses committed in the minds of a military camp,” are punishable by the reduction of freedom for lines ranging from five to ten fates.”

    Unauthorized deprivation of military service or place of service, as an administrative offense, qualifies as Article 172-11 Code of Ukraine on administrative offenses.

    Unauthorized deprivation of the military unit or the place of service by a military serviceman of the military service, as well as his failure to report immediately without good reason to serve in any unit, recognized or transferred, failure to report from reconscription, allowances or from a personal deposit trivalist up to three dibs - to draw an arrest from the morning at the guardhouse for lines up to ten dibs.

    Activity, transfer partly first These statutes, committed by special authorities, which have been subject to administrative penalties for such violations, will result in an arrest for the morning in the guardhouse for lines ranging from seven to fifteen days.

    Self-deprivation of the military unit or the place of service as a military service member (except for the military military service), as well as military conscripts and reservists during the hour of training, as well as failure to report at times, without important reasons, for military service at any time, recognition or transfer, failure to resign, release or from a personal bond, up to ten dibs., - attract a fine of five hundred to one thousand for non-compliance with the minimum income of the population, or arrest for arrest in the guardhouse for up to ten days.

    Activity, transfer parts first or third These are the statistics that started in the minds of a special period, in addition to the war period, - attract a fine of one to two thousand non-compliant minimum incomes of citizens or arrest from the morning in the guardhouse for lines from ten to fifteen days.

    In the minds of a military camp or a combat situation, these are the conditions that require responsibility for the SZCh.

    Pleased with the accused party

    Until January 27, 2023, it was allowed to plead with the accused party, after which it was already protected by law and only this category of reference is subject to high courts.

    Particularly, as a lawyer, I am concerned with this category of incriminated crimes and divide them into three groups of military servicemen, such as the SZCh

    1. Military servicemen who were killed under the provocation of the SZCh.
    2. Military servicemen who were lost to the SZCh in circumstances beyond their control (they ended up in a hospital, or force majeure circumstances).
    3. The military service actually went to the SZCh. 

    What parallel problems may arise from criminal legislation in the case of the military serviceman not being victorious under the law?

    From the station to the station. 413 CC of Ukraine the waste of the military lane transfers: 

    1. Waste or transfer of armor, ammunition, transfer equipment, technical supply items or other military equipment for service purposes due to violation of the rules for their conservation -

    3. Actions, transferred in part to the first statistic, carried out in the minds of a military camp or in a combat situation, -

    punishable by liberation of liberty for lines from two to five rocks.

    Also, similar to Art. 263 of the CC of Ukraine illegally carrying out harvesting, ammunition supplies or vibukhov rivers:

    1. Carrying, storing, dressing, transferring or transferring fire-fighting armor (smooth-bore ammunition), ammunition supplies, vibukhovoy chevrons or vibukhovy devices without permission granted by law -

    are punishable by reduction of liberty for lines ranging from three to seven fates.

    2. Carrying, preparing, repairing or manufacturing daggers, Finnish knives, brass knuckles or other cold steel without permission granted by law -

    punishable by a fine of one thousand to four thousand of non-compliant minimum incomes of citizens or by large robots for lines from one hundred twenty to two hundred and forty years, or by arrest for lines from three to six months, or by reducing the will for lines from two to five rocks, or by reducing the will for lines up to three rocks.

    3. Does not subject to criminal liability for actions, transfers partly first or another This article is about a person who voluntarily donated ammunition, military supplies, Vibukh speeches and Vibukh devices to the authorities.

    What is the military situation and combat situation?

    The military regime is a special legal regime that will be introduced in Ukraine and other localities in case of violent aggression. The military establishment on the entire territory of Ukraine was introduced by Decree of the President of Ukraine No. 64/2022 from 05 to 30 February 24, 2022.

    The combat situation is not the situation of offensive, defensive or other military, tank, anti-aircraft, wind, naval or naval combat, or the immediate stagnation of military armor and equipment of a hundred-strong military enemy or military adversary. 

    The situation of the battle, in which the military unit, unit (ship) or division takes part, begins and ends with the order to enter the battle (completion of the battle) or with the actual start (completion) of the battle.

    Viyskova part vzagali - this is a typical organizational unit that is located on a local staff and is used to determine the assignments independently or at the warehouse of the organizational structure of the main level. Military units also include military command and control bodies, military units, military ships (crews), military bases and installations.

    However, this situation is due to respect territory of the military part, the boundaries of which may not be designated as a fence, but are definitely designated by order of the unit commander with their illustration on the plan (diagram).

    Place of service, since he cannot avoid the dismantling of the military unit, no matter what the place, the military service member may, at the appointed time, finish his military obligations and continue to do so until ordered give permission to the boss.

    What is so self-deprived and failure to report immediately for duty (SZCh)

    The self-righteous person is also deprived of a part or place of service that was performed without the permission (order) of the superior (commander), who, according to the law, allowed such to be given.

    Not respected by those who are self-righteous: deprivation for the obvious permission of the commander, deprivation for the commander’s order, redeployment, transfer to a new military unit, relocation, relocation/rotation, release, initiation, etc. In any case, the most important positions may be confirmed by duly executed documents or confirmed by the commander.

    Failure to show up for service immediately results in the fact that the military service member has been deprived of the lawful order of retrenchment of the part and the place of service does not return to the designated time for the further removal of the military part, and itself: does not return from discharge. parts, redeployments, releases or from rejoicing without important reasons to parts or for service in establishing lines. Varto points out that not showing up for duty right away does not in itself create evil in the warehouse. Only for the absence of important reasons, a warehouse of evil goods is formed.

    Important reasons for not reporting to duty immediately could be illness, which prevents drying, natural disasters and other emergency situations, which are the reasons for the delay in confirming the confirmation of documents. Important reasons for delays from release may include untransmitted illness in the military service, fire or natural disasters that occurred in the family, military service, death or serious illness members of your family or especially, having been trained in certain wines. Nutrition, when important reasons are evident, occurs in a specific skin condition arising from medical conditions.

    Thus, if the commander has information (evidence) about the reasons for the absence or non-reporting, the military service forces the commander to inform his command about this fact and notify the VSP body.

    Dii command has occasionally revealed self-deprivation

    About self-destruction of the military unit (SZCh) or the place of service by military servicemen, absence from service without important reasons, failure to report from duty, release, pledge of health protection, in case of recognition or transfer to a new one At the time of service, the commander (chief) of the military unit informs his immediate commander and informs the head of the VSP body promptly until the moment he becomes aware of the fact of destruction. After the oral report and confirmation, the commander draws his hand and submits a written report. 

    At the end of the day, the SZCh will collect the operational chergovy (chergovy) of the military unit, immediately from the moment the fact is established, he informs the commander of the military unit and informs the operational chergovy body of the VSP. 

    The commander of the request to live up to the delay of the criminal offense committed or immediately after the commission of a criminal offense related to the self-imposed redundancy of the military unit or place of service, From the urgent delivery of the concerned person to an authorized official, or make visits to the urgent notification of an authorized official about the detained and local presence of an individual who is suspected of committing an act. signs of criminal offence.

    One of these approaches is the investigation service.

    Service investigations are carried out to determine illegal actions, the stage of blame for the military service, reasons and minds.

    Service investigation is authorized by a written order from the commander. Investigation service may be in progress completed within a month from the day of recognition. The results of the official investigation are followed by a service investigation act.

    Inheritance of entering information about SZCh before ЄРДР

    Restriction by the military part of the notification of entering information about the commission of a criminal offense to the Unified Register of Pre-trial Investigations of the pre-trial investigation authorities is a basis for:

    • exclusion of the military service from the list of special warehouses of the military unit;
    • harvesting from plantings;
    • substitution of payment for a penny's security;
    • suppression of food, speech and other types of security.
    • transferred to the order of the commander of the military unit;

    The punishment of punishment and the punishment of criminal conduct: 

    This is not the only situation when the command simply has no information about the reason for the military service’s absence. But in reality he ends his battle duty and finds himself in the bath. 

    That military serviceman is very careful, as soon as he is able to show up, inform him about the reasons for his absence, or perhaps in a letter.

    For the discovery of important reasons and compelling evidence, the military serviceman can also discredit the order of the command or initiate a pre-trial investigation and resume at the posad.

    A very important factor in the closure of criminal activities is Article 426 of the Criminal Code of Ukraine.the effectiveness of the military government

    1. We understand the non-commitment of criminal offenses that are committed by criminal offenses, and the non-direction by a military service officer to the pre-trial investigation body of information about the criminal offenses that have committed criminal offenses, as well as others The wisely unconquered military service special action, as it was guilty of vacancy for its service obligations, as this caused great disgrace, -

    are punishable by a fine of one thousand to four thousand for non-compliance with the minimum income of the population, either for service reductions for lines up to two years, or for liberties for lines up to three years.

    2. Those very actions, as the stench caused heavy consequences, -

    are punishable by reduction of liberty for lines ranging from three to seven fates.

    3. Actions transferred in parts to the first or other stats, committed in the minds of a special period, in addition to the war period, -

    are punishable by reduction of liberty for lines ranging from five to seven fates.

    4. Actions, transferred in parts to the first or other statistics, which are carried out in the minds of a military camp or in a combat situation, -

    are punishable by reduction of liberty for lines ranging from seven to ten years.

    And also article 426-1. Reassignment of the military service special owner to the service members with greater importance

    1. Transfer of the military service special authority and service members to a higher level of importance, so that wisely performed actions that clearly go beyond the boundaries of the rights granted to this person are of equal importance, in addition to the transfer of some other status, as These actions have caused a real mischief, -

    is punishable by reduction of will for lines from two to five rocks or reduction of will for that same line.

    2. The stagnation of non-statutory approaches in the influx of lightly or the transfer of disciplinary power, as these actions have caused a real harm, as well as the stagnation of violence in a sparse manner -

    are punishable by reduction of liberty for lines ranging from three to seven fates.

    3. Actions transferred in part to another state, caused by stagnation of waste, as well as actions transferred in parts to one or another state, because the stench caused serious consequences, -

    are punishable by reduction of liberty for lines ranging from five to nine years.

    4. Actions transferred in parts to the first, second or third statistic, beginning in the minds of a special period, in addition to the war period, -

    are punishable by reduction of liberty for lines ranging from seven to ten years.

    5. Actions transferred in parts to the first, second or third statistic, carried out in the minds of a military camp or in a combat situation, -

    are punishable by reduction of liberty for lines ranging from eight to twelve years.

    Release from criminal liability for great minds

    Having gained rank the Law of Ukraine dated September 20, 2024. No. 3902-IX, what a new one Part 5 of Art. 401 The Criminal Code of Ukraine establishes that a person who, during the war period, first committed criminal offenses, is transferred to Art. 407408 whose Code may be supplemented with criminal liability in the manner provided by the criminal procedural legislation of Ukraine, since he voluntarily surrendered from the troubles to the investigator, the prosecutor, the court about We intend to return to this or another military unit or to the place of service to continue military service and for the evidence of a letter from the commander (chief) of the military unit (installation) to continue military service such a special military services.

    Amendments to the Criminal Procedural Code of Ukraine stipulate that:

    – when there is evidence of a frame for release from a criminal record, transferred Part 5 of Art. 401 According to the Criminal Code of Ukraine, the prosecutor or the court is also obliged to reject a letter from the commander (chief) of a military unit (installation) about the possibility of continuing military service for such suspected or accused persons (paragraph 2 of part 2 of article 286 CPC of Ukraine);

    - before the prosecutor's troubles, the prosecutor is to blame buti dodan letter year of an individual for release from criminal liability, and in various cases of criminal liability, transferred Part 5 of Art. 401 Criminal Code of Ukraine - a letter from the commander (chief) of a military unit (installation) about the possibility of continuing suspected military service (paragraph 11, part 1, article 287 CPC of Ukraine);

    – once the court has closed a criminal offense and released a suspect charged with a criminal offense from the order transferred Part 5 of Art. 401 According to the Criminal Code of Ukraine, the court, with its praise, requires that after such praise has gained legal force, it is easy to renew a retired person in the military service and a retired person no later than 72 years of age requires you to arrive at your active military unit or place of duty to continue your military service (paragraph 2, part 3, article 288 CPC of Ukraine).

    Changes made before Art. 616 whose Code Art. 24 Law of Ukraine “On Military Obligation and Military Service”.

    Nevikonannya Nakazu

    The criminal record of military servicemen for UNVIOLATED PUNISHMENT before the war began and in the military minds part 4 of Article 402 of the Criminal Code of Ukraine was transferred, so that it is disobedient:

    1. Disobedience, so that Vidmova will defy the boss’s order, and also otherwise wisely disobey the order, -

    is punishable by service deductions of up to two fates, or trimmings of the disciplinary battalion by up to two fates, or reduction of liberty for up to three fates.

    4. Disobedience, committed in the minds of a military camp or in a combat situation, is punishable by a reduction of freedom for lines ranging from five to ten fates.

    Note. Under the combat situation in Section XIX of this Code, it is necessary to understand the situation of offensive, defensive and other military, tank, anti-aircraft, wind, naval and naval combat, so that the immediate stagnation of the military armor and technology of the 100-year-old military enemy or the military enemy. The situation of the battle, in which the military unit, part (ship) or division takes part, begins and ends with the order to enter the battle (completion of the battle) or with the actual start (completion) of the battle. 

    Warehouse of evil:

    The object of evil є the procedure for issuing punishments in the military formations of Ukraine. In addition, criminals are respected by the military, because they commit acts against the established order of military service, leaving behind statutes of the Armed Forces of Ukraine all military service looming to shamelessly defy all punishments commander (boss), obviously evil.

    Subject of evil This is a military service member (or military service during the time of collection), who will submit to the boss, who has given the order.

    The objective side of evil can be characterized by two forms: vikrta vidmova vyconati order of the boss; Otherwise, it is wiser to not violate the order.

    The subjective side of evil characterized by by reason: either directly for the first form, directly or indirectly for the other forms, causing mischief. The motive for qualification is not important.

    At Art. 17210Code of Ukraine on administrative offenses overdue administrative department for “discrimination against the lawful vindication of the commander (chief)”, however, the criteria for this kind of insubordination against disobedience in the law are different.

    The order is to respect form of implementation of government functions, organizational and administrative or administrative-state obligations of the military service person, instead of which it is direct, obligatory for the victorious retribution of the boss about commission or incompetence, we will facilitate the singing actions in the service.

    The order must be specific, it is impossible to see how the insubordination of illegal duties of service (as found in statutes, instructions, etc.) is inappropriate. The order may be legal and will be carried out in accordance with the law.

    Criminal liability for failure to comply with an obviously malicious order (given by an unknown person, in an improper order, an order that goes beyond the authority of the boss, in its place violates the constitutional rights and freedoms of the individual and the citizen or in compliance with other legislation). However, since a military service member cleverly imposes an obviously malicious order, he contributes to criminal liability yak accomplice responsible military service evildoer. Some of the subjective side of the evil is characterized by intent, it is clear that it was not intended to be an illegal punishment, because the formulations were unclear, unconscious, allowing for extra confusion.

    Military leaders There are military servicemen who are assigned to their assigned military servicemen to establish new assignments, subordinates, and have the right to give them punishment, order, and stagnate them. disciplinary power. They separate the chiefs behind the posad and the chiefs behind the military ranks. In times of military service that are not ordered one by one (as their service assignments are not assigned by the commander), the chief is respected by the senior in charge, and the senior in charge of the equities is respected by the commander military ranks. A military serviceman, who is responsible for one military formation, can be a superior for a military serviceman, who is responsible for another military formation, as the first is the superior for the ranks; they are going to complete their military service, and the first one was appointed chief; They smell a lot about the military service. The military servicemen are obliged to impose punishments on their direct superiors or those who may be their superiors behind the designated subordinates.

    Vidkrita Vidmova viconic order The boss conveys the obviousness of the defendant’s statement about his negligence, viconnate the order or otherwise demonstratively yo his negligence. Another wise, unconventional order lies in the fact that the order is accepted before the execution, but is not actually completed (this is reflected in actions that are prohibited from working by the order; in illegal actions, which are consistent with the order the culprits were to obey;

    Depending on the form of insubordination, it is considered completed from the moment of viconnation, the order of the superior (first form) or from the moment of his actual non-viconation.

  • Peculiarities of the passage and disgrace of the decision of the VLK. How to withdraw payment if you are injured or ill

    Channel "Rights of Veterans": @veteransrights

    How to properly pass the VLK (Military Medical Commission) and how to deal with problems arising from decisions? In this video we take a detailed look at the procedure for undergoing VLK, zocrema, what documents are needed, how to prepare, and what to do in the end, since the decision of VLK does not control you. Problems often arise with the deduction of payment for injuries or illnesses, so it is important to know your rights and possible legal options.

    How is it possible to discredit the decision of the VLK? Find out what legal mechanisms exist to protect the rights of military servicemen and veterans and how to effectively pursue them. We also need to consult a lawyer or a lawyer in the VLK sphere to help you secure your rights.

    Wider problems that arise on VLK:

    Vidmova recognized the injury and illness as a basis for payments.
    Incorrectly assigned level of failure.
    Number of required medical documents.
    In the video we will look at the algorithm of action for withdrawing payments for injuries and illnesses, as well as how to prepare all the necessary documents for the successful passage of the commission. Our experts explain in detail what to do in a skin situation.

    Protecting the rights of veterans and military personnel is our mission. Do you need advice from a lawyer or lawyer in the area of VLK? Deprive yourself of the commentary, and we'll be sure.

  • Act on the establishment of the fact of a permanent surveillance / permanent surveillance: Pokrov's instructions

    In this video we will look at how to correctly draw up and draw up an act on establishing the fact of surveillance or permanent surveillance of people. You know:

    What documents are necessary for the preparation of the act.
    Who has the right to sign the act?
    How and where to submit a document to obtain assistance or confirm the inspection.
    Any important details should be secured upon checkout.
    Subscribe to the channel and like it if the information is good!

  • Video instruction: How to check yourself for the presence of prohibitions on enforcement proceedings?

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    In this video, you will learn how to easily and quickly check yourself for enforcement proceedings via the Internet. We will look at step-by-step instructions on how to do this via the official website.

  • Case study: 30,000 UAH from the military unit for military service

    In this video, the assistant to the lawyer Goncharov, Valeria, talks about a new possible case for the reduction of penniless security for the military service from the military unit. For an hour of staying in the hospital for sickness, the military service member received compensation in the amount of 30,000 UAH per month. Also, the case has been allocated funds for legal assistance from a lawyer. Learn more about important legal aspects and how to secure your rights in this video!

  • Cancellation by the prosecutor of the notification of suspicion of committing a crime under the SZCh (Article 407 of the Criminal Code of Ukraine)

    In this video, lawyer Kerimov Alik will talk about the defense strategy under Article 407 of the Criminal Code of Ukraine, namely about a serviceman who, after being transferred to another unit, was not sent to the VLK and, due to his inability to perform military service duties due to his health, was provoked to the SZCh and the materials of the official investigation were transferred to law enforcement agencies. As a result of the effectively built defense position, the prosecutor had to cancel the notice of suspicion and close the criminal case.

  • How to return military personnel to service after a year in the SZCh: advice from a military lawyer

    In this video, lawyer Kerimov Alik will talk about a case in which, after a year, it was possible to return military personnel to service, despite their status as SZCh (unauthorized abandonment of the unit). Find out what steps are taken to return to military service, how you can return to another military unit, and what terms and procedures apply after the closure of a criminal case. Details about further service and important advice for military personnel - in this video.

  • Who has the right to serve summons at the time of mobilization? Explanation of the CMU

    In this video we explain in detail what is required to serve summons on citizens before the hour of mobilization for a special period. Find out how the person is obliged to confirm his/her commitment to serve the summons, as well as the documents for this purpose. Subscribe to our channel to watch the latest news and good news!

  • Waiver of payment to a military service member for an hour of treatment for a serious injury

    In this video, the assistant to lawyer Goncharov, Valeria, talks about a new case at the law firm "Kerimov and Partners" from the military service, which is not subject to the military service with exceptions from the military region. No one has ever been paid a penny for an hour spent in the bath. How can I cancel the prescribed payment after leaving the military service and how can I resolve the dispute without going to court? Removal of payment to a military service member for an hour of treatment for a serious injury related to the Batkivshchyna defense.