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Publication date: 29.04.2024
Ukrainian legislation provides for liability for military personnel, conscripts and reservists who violate the rules regarding the consumption of alcoholic and narcotic substances during military service. Let's consider the main provisions:
Liability for drinking alcoholic and low-alcohol beverages or using narcotic drugs, psychotropic substances and their analogues:
Military personnel who consume alcohol, use narcotic drugs, psychotropic substances or their analogues during meetings on the territory of military units or military facilities may be prosecuted.
This also applies to cases when they appear on the territory of a military unit in a state of intoxication or perform military service duties in such a state.
Chiefs and other managers are also responsible for drinking alcohol or using narcotic substances with subordinate servicemen.
If managers do not take measures to remove from their duties persons who are in an intoxicated state, or hide cases of alcohol and drug use, they can also be held accountable.
For the actions mentioned above, in the conditions of a special period, the Code of Ukraine on Administrative Offenses provides for the imposition of a fine on guilty persons in the amount of 17,000 to 34,000 UAH. or arrest with detention at the guardhouse for ten to fifteen days.
The procedure for sending military personnel for examination to determine the state of intoxication
The Ukrainian army has always paid great attention to discipline and security as important components of the effective performance of official duties. In this context, the resolution of the Cabinet of Ministers of Ukraine dated January 12, 2024, No. 32, is a key document that determines the procedure for sending conscripts, reservists and servicemen of the Armed Forces for examination in case of suspicion of alcohol, drug or other intoxication.
The purpose of the review
Examination of military personnel (conscripts and reservists) and military personnel of the Armed Forces is carried out to determine their state of alcohol, drug or other intoxication, as well as being under the influence of drugs that reduce attention and reaction speed (hereinafter - the state of intoxication).
Subject to review
Military servicemen, regarding whom there is reason to believe that they are performing military service duties or are on the territory of military units (institutions, institutions) in a state of alcoholic, narcotic or other intoxication or under the influence of drugs that reduce attention and reaction speed.
Inspection
The inspection is conducted by an official authorized to conduct it by the head of the management body of the Military Law and Order Service in the Armed Forces or the commander (chief) of a military unit (institution, organization, enterprise, institution, unit) of the Armed Forces, another military formation formed in accordance with the laws of Ukraine, as well as special law enforcement agencies.The review is carried out using special technical means and tests.
Video recording of the review
The authorized official conducting the inspection uses special technical means of video recording.
The materials of the video recording must be attached to the protocol on the administrative offense.
Inspection witnesses
If it is impossible to use a video recording of the inspection, such an inspection is conducted in the presence of two witnesses.
Persons who are subordinate to the person being reviewed or persons whose impartiality is in doubt may not be involved as witnesses.
Fixation of inspection results
The results of the examination, which is conducted by an authorized official, must be recorded in the report on the state of intoxication.
Recording in the protocol
If during the examination the fact of being in a state of intoxication is established, these data are noted in the protocol on an administrative offense, which is attached to the act of examination for the state of intoxication.
Documentation of the inspection act
The report on the state of intoxication is drawn up in two copies, one of which is given to the military serviceman/conscript, and the second remains with the authorized official and/or is attached to the protocol on the administrative offense.
Grounds for prosecution
Confirmation of the state of intoxication based on the results of the examination and the consent of the military serviceman/conscript to such results is the basis for his prosecution in accordance with the law.
In the event that a serviceman or conscript refuses to be examined by an authorized official or does not agree with the results of such an examination, he will be referred by his commander or chief to the appropriate health care institution.
The list of such institutions is approved by local state administrations, taking into account the need for inspection in areas of active hostilities.
If a serviceman/conscript refuses to undergo an examination at a health care institution, the official draws up a protocol on an administrative offense, which notes the signs of intoxication and actions of the serviceman/conscript in evading the examination.
An examination in a health care institution can be carried out at any time, and the doctor conducting the examination is obliged to review the identity documents of the serviceman/conscript.
After the examination in the health care institution, the doctor prepares a report of the medical examination and a conclusion, which are submitted in triplicate to the authorized official, the military serviceman/conscript, and the health care institution. Such a conclusion may be appealed by a military serviceman/conscript in accordance with the procedures established by law.
The responsibility of servicemen for drinking alcoholic beverages or being in a state of intoxication on military service is an administrative incentive for military service discipline that contributes to the safety and effectiveness of military operations.
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