Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Responsibility for a military serviceman's stay on duty while intoxicated
The presence of a serviceman on duty while intoxicated is a serious violation of military discipline and can have significant negative consequences for the safety and combat effectiveness of military units. In Ukraine, this issue is regulated by legislation, in particular the Criminal Code of Ukraine (CCU) and the Disciplinary Statute of the Armed Forces of Ukraine.
1. Legislative framework
Liability for military servicemen being on duty while intoxicated is regulated by Article 172-15 of the Code of Ukraine on Administrative Offenses (KUpAP) and the Disciplinary Statute of the Armed Forces of Ukraine.
2. Types of offenses
The presence of a serviceman on duty in a state of alcohol intoxication can manifest itself in various forms, in particular:
Being in a state of alcohol intoxication during the performance of official duties.
Drinking alcohol while in a military unit or on the territory where a serviceman performs official duties.
Staying in military uniform in public places while intoxicated.
3. Punishment for offenses
Punishment for being on duty while intoxicated depends on the circumstances of the offense and its consequences.
Administrative responsibility:
According to Article 172-15 of the Code of Administrative Offenses, the presence of a serviceman on duty while intoxicated is punishable by a fine of 70 to 145 of the non-taxable minimum income of citizens or by arrest for a period of up to seven days.Disciplinary responsibility:
According to the Disciplinary Statute of the Armed Forces of Ukraine, punishment may include reprimand, demotion, deprivation of the right to military awards, or other disciplinary sanctions.
Criminal liability:
If being in a state of alcohol intoxication led to serious consequences, such as an accident, injury or death of other persons, the serviceman may bear criminal responsibility under the relevant articles of the Criminal Code of Ukraine.
4. Peculiarities of law enforcement
When determining responsibility for being on duty while intoxicated, various factors are taken into account:
Degree of alcohol intoxication: A high level of intoxication can lead to a more severe punishment.
Circumstances of the offense: The circumstances under which the offense was committed are important, for example, whether the serviceman was in combat or on active duty.
Consequences of the act: If the actions of a military serviceman in a state of alcohol intoxication led to negative consequences, the punishment may be more severe.
5. Conclusion
Being on duty while intoxicated is unacceptable for military personnel and is severely punished by both administrative and disciplinary measures. Military personnel must be aware of the seriousness of their duties and the consequences that may arise as a result of a breach of discipline. The legislation is aimed at maintaining a high level of military discipline and ensuring security in the Armed Forces of Ukraine.You may be interested in reading articles on such topics as:
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