WHAT ARE THE CONSEQUENCES OF STAYING IN SZCH DEPENDING ON THE TERM? - LEGAL SUPPORT
Unauthorized desertion, also known as desertion, is a situation where a serviceman leaves the territory of the military unit or the place of service without the appropriate permission. Failure to report for duty without valid reasons is considered a serious violation of military discipline, as it prevents a serviceman from performing his duties. In this article, we will consider the current issues related to SZH, as well as step-by-step actions in this situation and the importance of ordering legal support.
Persons who may be held criminally liable for SZH?
Criminal liability for voluntarily leaving a military unit is borne by persons serving in the Armed Forces of Ukraine, the Security Service of Ukraine, the State Border Guard Service of Ukraine, the National Guard of Ukraine and other military formations created in accordance with the laws of Ukraine, as well as in the State Special Service of Transport, the State Service of Special Communications and Information Protection of Ukraine and other persons specified by law.
When you can't be accused of voluntarily leaving a part (SZCH)
- You left the military unit with the proper permission of the commander.
- You were on a business trip.
- You left the military unit to carry out the commander's order.
- You were on vacation according to an official report.
- You were in the process of rotation or transfer by order of the higher command of the Armed Forces of Ukraine.
- You were under official treatment.
All the grounds listed above must be confirmed by the commander or properly documented. In case of difficulties in confirming the fact of absence from the military unit, it is recommended to seek help at the indicated cost of legal assistance.
Responsibility that may arise in case of SZH
Article 407 of the Criminal Code of Ukraine, which refers to "Abandoning a military unit without permission", is one of the most common. This article defines the cases when a serviceman illegally leaves a military unit or does not report for duty at the specified time. During martial law, the punishment for this violation becomes even more severe, with possible imprisonment for 5 to 10 years.
Current questions - answers
Questions
What is SZCH (voluntary abandonment of a part)?
Answer
Abandonment means voluntarily leaving a military unit or place of service without the official permission of the command. This is a violation of military discipline, which can have serious legal consequences, including criminal liability.
Questions
What are the consequences of staying in the SZH depending on the term?
Answer
Consequences depend on the duration of the arbitrary abandonment of the part: Up to 10 days: Possible administrative liability or disciplinary action, such as reprimand or demotion. From 10 to 30 days: A criminal case may be initiated under Article 407 of the Criminal Code of Ukraine, which provides for punishment in the form of arrest for up to 6 months or restriction of freedom for up to 3 years. More than 30 days: Qualifies as a more serious crime punishable by imprisonment for up to 7 years.
Questions
What circumstances can mitigate the punishment for SZCH?
Answer
Mitigating circumstances can be difficult family circumstances, health conditions, repeated violations of a serviceman's rights by the command, or other valid reasons. To prove such circumstances, it is recommended to seek legal assistance.
The importance of ordering legal support in case of SZH
First, it is important to consider and analyze in detail the grounds for submitting an application, as well as the reasons and circumstances of your absence or leaving the unit. It is also important to establish whether you were really included in the category of "voluntarily leaving the unit", who did it and when, and at what stage of the investigation your case is - whether it is an internal official investigation in the military unit, whether the case has already been transferred to the State Bureau of Investigation, or you have already been declared suspicious, etc. To perform all these tasks, deep knowledge and high qualifications are required, therefore, without the participation of an experienced lawyer, it is difficult to avoid the initiation of a criminal case.
If you have been accused of arbitrarily abandoning a part, we recommend that you contact qualified lawyers from the website consultant.net.ua. Our lawyers have considerable experience in working with similar cases and are ready to provide you with effective protection of your rights and interests. Using the services of a lawyer in cases of voluntary abandonment of a part, you can count on a professional approach and high quality legal assistance.
Our lawyer, who specializes in Article 407 of the Criminal Code of Ukraine, will provide you with the necessary support at any stage of the process, the price of the consultation is indicated on our website.
Abandoning a military unit (SZCH) is a serious violation of military discipline that can have serious consequences for a serviceman. Servicemen and officers who did not have a permit, did not follow an order or ignored official duties can be brought to justice. It is possible to avoid accusation only if there are good reasons. Together with qualified lawyers, you can ensure a fair resolution of issues and protect the interests of the participants in the legal process. Lawyer at the VDU, Lawyer of the VDU, closure of a criminal case, voluntary abandonment of a military unit, Article 407 CKU.
