Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Liability for desertion
Desertion is one of the most serious violations of military discipline, which can have serious consequences for a military unit and, in general, for the country's defense capabilities. In this article, we will consider the legal aspects, types of responsibility, and the procedure for investigating cases of desertion.
1. Legislative framework
Liability for desertion is regulated by several main documents:
The Criminal Code of Ukraine defines criminal liability for desertion.
The Disciplinary Statute of the Armed Forces of Ukraine establishes disciplinary measures against servicemen who have deserted.
2. Types of responsibility
2.1. Criminal liability
According to the Criminal Code of Ukraine, desertion is considered a serious crime for which severe punishments are provided. The main articles applicable in the following cases:
Article 408: Desertion. Desertion (voluntarily leaving a military unit or place of service in order to avoid military service) is punishable by imprisonment for a term of 5 to 12 years. If desertion was committed during martial law or hostilities, the punishment may be increased to imprisonment for a term of 7 to 15 years.
2.2. Disciplinary responsibility
Disciplinary responsibility provides for punishment for violations of military discipline that do not constitute a criminal offense. These may be the following measures:
Warning or reprimand.
Deprivation of military rank.
Dispatch to the disciplinary battalion.
Dismissal from military service.
3.Investigation procedure
The procedure for investigating cases of desertion 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 desertion.
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 desertion
Desertion 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.
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