Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Voluntary abandonment of the battlefield: the responsibility of a serviceman
Voluntary abandonment of the battlefield is one of the most serious violations of military discipline and can have catastrophic consequences for combat operations and overall security. Military personnel who resort to such an act bear strict responsibility in accordance with the legislation of Ukraine. In this article, we will consider the legal grounds, types of liability, and the procedure for investigating cases
voluntary abandonment of the battlefield.
1. Legislative framework
Responsibility for voluntarily leaving the battlefield is regulated by the following basic documents:
The Criminal Code of Ukraine defines criminal responsibility for voluntarily leaving the battlefield.
The Disciplinary Statute of the Armed Forces of Ukraine establishes disciplinary measures against servicemen who have violated military discipline.
2. Types of responsibility
2.1. Criminal liability
According to the Criminal Code of Ukraine, voluntarily leaving the battlefield is considered a serious crime. Article 407 of the Criminal Code of Ukraine provides for criminal liability for voluntarily leaving a part or place of service, namely:
Voluntary abandonment of a place of service during hostilities is punishable by imprisonment for a term of five to ten years.
Desertion (abandoning a unit in order to evade military service) is punishable by imprisonment for a term of five to twelve years.
2.2. Disciplinary responsibility
In addition to criminal liability, military personnel may be subject to disciplinary sanctions, which include:
Dismissal from military service.
Demotion.Disciplinary action, such as reprimand or arrest.
3. Investigation procedure
The procedure for investigating cases of voluntary abandonment of the battlefield includes several main stages:
3.1. Primary investigation
The initial investigation is conducted by the command of the unit where the violation occurred. This stage includes:
Collection of testimonies from witnesses and co-workers.
Overview of the scene.
Assessment of the circumstances that led to the voluntary abandonment of the battlefield.
3.2. Official investigation
If the initial investigation reveals signs of a serious violation, an official investigation is ordered. It is conducted by a special commission, which has the authority to collect evidence and interview all involved persons.
3.3. Making a decision
Based on the results of the investigation, the command makes a decision on bringing the culprits to justice. If signs of a criminal offense are detected, the materials are transferred to the military prosecutor's office for further investigation and trial.
4. Consequences of voluntarily leaving the battlefield
Voluntary abandonment of the battlefield can have serious consequences both for an individual serviceman and for the military unit as a whole:
Reduction of the unit's combat effectiveness.
Undermining trust between servicemen.
Moral and psychological influence on other servicemen.
Formation of a negative image of the unit and the Armed Forces as a whole.You may be interested in reading articles on such topics as:
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