See more
Publication date: 03.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
With the introduction of martial law, the topic of evasion of mobilization, as citizens' failure to fulfill their constitutional duty, remains relevant. In general, mobilization should be understood as a set of measures aimed at the planned transfer of the state economy, state authorities, enterprises, organizations and institutions, the Armed Forces and other formations to functioning in the conditions of a special period. In this case, the legislator provides for both administrative and criminal liability. It is important to distinguish in which cases this or that responsibility can be assigned, and for this it is necessary to analyze in detail the dispositions of articles of various normative legal acts, the composition of offenses, and of course to pay attention to the practical application of these legal norms.
Conditions for incurring administrative liability:
In particular, the actions for which administrative responsibility is assumed are: violation of the rules of military accounting by conscripts, reservists, conscripts (Article 210 of the Civil Code), violation of the law on defense, or on mobilization training and mobilization (Article 210-1 of the Civil Code), as well as in in case of spoilage of military registration documents or in the case of their carelessness (Article 211 of the Civil Code of Ukraine). In the first case, liability will arise in the form of a fine of 30-50 nmdg. Along with this article 210 of the Code of Criminal Procedure also provides for qualified signs, among which the following can be distinguished: repeated commission of the offense within one year (only if the person has been held liable), as well as commission during a special period, which, accordingly, is a more relevant component at this time. In the presence of the above-mentioned signs, the amount of the fine will increase (50-100 nmdg). In the event that a person's actions can be qualified under Art. 210-1 of the Criminal Procedure Code, in particular, it is possible in the case of failure to appear before the TCC and SP in the event of a summons being served or a person evading military registration, then liability is provided in the form of a fine (100-200 nmdg). It should be taken into account that the commission of an offense by officials will already result in the imposition of a fine of 200-300 nmdg. Qualified signs are similar to the previous ones, and the sanction of this part provides for liability in the form of a fine (200 - 300 nmdg) and for officials (300 - 500 nmdg). Regarding the corruption of military registration documents, such documents should be understood as a certificate of registration, a military card or a temporary certificate of a military serviceman. The composition of the offense will be available in case of deterioration of the above-mentioned documents, careless storage, which led to their loss. If this offense was committed by the above-mentioned persons, then liability is assumed in the form of a fine (30-50 nmdg), if the above-mentioned qualified signs are present, the amount of the fine increases (50-100 nmdg).
Criminal liability for evasion:
Evasion of the draft during mobilization is defined by the legislator as a criminal offense in Art. 336 of the Civil Code. It is important to pay attention to the composition of this criminal offense. The immediate object is the order of formation of the Armed Forces or other formations, as well as the order of mobilization determined by the current legislation. The objective side is characterized by a formal composition, that is, one that does not foresee the occurrence of socially dangerous consequences, but the act itself will manifest itself in the form of inactivity on the part of the subject of the offense, that is, failure to appear at the conscription station, institution, unit, which was specified in summons The time of committing the offense is also important, namely during the mobilization or special period. No less important is the subject as an element of the composition of the offense, because in this case it must be a person (reservist, conscript) who is fit for military service, has no grounds for receiving a deferment, or who is not booked in the prescribed by law of order The subjective side manifests itself exclusively in the form of direct intention. It is worth noting that a person must be properly notified of the obligation to appear at a specific TCC and SP at a clearly established time, and only if a person ignores such a notification, he will be the subject of an offense. Also, a special condition for qualification under this article is that the person has already passed the VLK, where his suitability has been confirmed, the person has no grounds for postponement, and also if he has already received a mobilization order. With regard to responsibility for the commission of this criminal offense, deprivation of liberty (3-5 years) is provided.
Military criminal lawyer services:
Military lawyer services may be needed at any stage of criminal proceedings. Military lawyer assistance by his active participation in the protection of the rights of the suspect, the accused, the collection of evidence, his presence during procedural actions, and the chosen defense strategy. Military law lawyer consultation and his support will help to avoid illegal actions on the part of pre-trial investigation bodies. Therefore, a lawyer on military issues is an irreplaceable participant in the process, the involvement of which is highly desirable.
