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
- Military servicemen who were killed under the provocation of the SZCh.
- Military servicemen who were lost to the SZCh in circumstances beyond their control (they ended up in a hospital, or force majeure circumstances).
- 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. 407, 408 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.
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.