Publication date: 04.06.2024
Lawyer
Legal opinion on responsibility for arbitrary assignment of military ranks and awards
Illegal use of military titles, awards or distinctions is unacceptable and can damage the reputation of the Armed Forces and demean the merits of true heroes. Consultation of a lawyer and careful analysis of documents are necessary for the formulation of a legal opinion and a lawyer's legal opinion on this issue.
According to the Criminal Code of Ukraine, arbitrarily assigning a military rank, awarding oneself with a state award or wearing orders and medals that do not belong to a person is classified as a crime against the established order of military service (military crime). Punishment in the form of arrest for up to 6 months or restriction of liberty for up to 3 years is foreseen.
In addition to criminal liability, administrative and disciplinary (for military personnel) liability for similar actions is also possible. For example, a fine is provided for illegal use of uniforms and insignia of the Armed Forces of Ukraine by civilians.
The legal opinion must be based on the analysis of the relevant articles of the Criminal Code and the Code of Administrative Offenses, as well as acts of military legislation. It is important to distinguish cases of arbitrary awarding of ranks or honors from legitimate awarding of military personnel with state awards.
The lawyer's legal opinion must determine the elements of offenses and crimes related to the improper use of military ranks and awards. In particular, it is necessary to find out the question of intention, motives of illegal behavior and caused damage/consequences.
The legal opinion should include examples of the possible qualification of illegal acts depending on specific circumstances. Examples can be: fraud for the purpose of obtaining a profit, slander, violation of the honor and dignity of military personnel, encroachment on their authority, etc.
In addition to bringing guilty persons to justice, the lawyer's legal opinion should highlight preventive mechanisms for preventing such crimes. These include informing the public, monitoring the issuance of military awards, implementing security measures on related documents, etc.
The issue of international cooperation in combating such crimes is important if they are transnational in nature (for example, assigning the titles of foreign states). The legal opinion may contain recommendations on the implementation of relevant international treaties.
In summary, the arbitrary awarding of military ranks, awards or distinctions is an illegal act under the current legislation of Ukraine and may entail criminal, administrative and disciplinary liability. The lawyer's legal opinion and the legal opinion formulated on the basis of a lawyer's consultation and analysis of documents must determine the mechanisms of bringing guilty persons to justice, as well as the means of preventing such crimes.
The legal marketplace "Consultant" has qualified lawyers and attorneys who will analyze exactly your situation and provide a detailed legal opinion. Get in touch!
