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Voluntary abandonment of a military unit or place of service

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PREMIUM 48.35
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 30.05.2024

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                    Voluntary abandonment of a military unit or place of service

    Military service in Ukraine is an important component of the country's national security and defense, and it is regulated by relevant laws and regulations.
    During martial law, restrictions on the rights of citizens, mobilization measures and other actions to ensure the country's defense capability may be introduced.
    Arbitrarily leaving a military unit or place of service in Ukraine may have criminal consequences in accordance with the Criminal Code of Ukraine.
   According to the Criminal Code of Ukraine, the voluntary leaving of a military unit or a place of service, which caused a failure to fulfill official duties or a violation of military discipline, can be qualified as a war crime. Various types of punishments can be prescribed for this crime, such as restriction of liberty, deprivation of liberty or deprivation of liberty.
    Such consequences may be applied in cases where the voluntary abandonment led to serious consequences, threatened national security, or was related to other crimes, such as desertion, treason, or espionage.
    Article 407 of the Civil Code provides for responsibility for voluntarily leaving a military unit or place of service. Below are the main points of this article:
Duration of voluntary abandonment: 
    It is determined depending on the duration of voluntary abandonment of a military unit or place of service and the status of a serviceman.
Form of punishment: 
   It is determined depending on the circumstances and the seriousness of the violation.

Punishment can be detention in a disciplinary battalion, a fine, service restriction or imprisonment.

Special circumstances: 

    In cases where voluntary abandonment occurs in the conditions of a special period or in a combat situation, more severe punishments are provided.
    Such crimes have serious consequences and can lead to imprisonment for a period of several years to ten years, depending on the specific circumstances and the seriousness of the violation.
     If you are charged with desertion, you should contact a criminal defense attorney. A lawyer will be your representative and defender during the court process and can provide you with qualified legal assistance at every stage of the criminal proceedings.
     Here are some ways an attorney can help you in this situation:

Consultation and training: 

      The lawyer will conduct a detailed consultation with you, analyze the circumstances of the case and explain your rights and obligations. It will also help you understand the potential consequences of the situation and make a defense strategy, pre-trial defense.

Representation in court: 

    A lawyer will represent your interests in court, protect your rights and interests, and act as your defender during court hearings.

Preparation of protective materials: 

    The lawyer will prepare all necessary documents and materials to defend your case, including written statements, questions for witnesses and experts, arguments and other evidence.

Representation during the investigation:

    A lawyer can participate in all stages of criminal proceedings, including interrogations, investigation and other procedural actions, to protect your rights and interests.
    Contact an experienced criminal defense attorney to get the right legal help and defense for your case.

 

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