Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Can military personnel do business?
1. Introduction
The question of the ability of military personnel to engage in business is relevant and has its own legal and ethical aspects. This issue is regulated by the legislation of Ukraine, which establishes certain restrictions for military personnel in order to prevent conflicts of interest and ensure their full dedication to the service.
2. Legislative framework
2.1. Basic normative acts
The main normative acts that regulate the issue of the possibility of doing business for military personnel include:
Law of Ukraine "On Military Duty and Military Service".
Law of Ukraine "On Prevention of Corruption".
Law of Ukraine "On Civil Service" (regarding certain categories of military personnel).
2.2. Restrictions for military personnel
The legislation stipulates that military personnel who are serving under a contract or on fixed-term service do not have the right to engage in entrepreneurial activity. This restriction is aimed at avoiding a conflict of interest and ensuring that military personnel are fully focused on the performance of their official duties.
3. Activities prohibited for military personnel
3.1. Entrepreneurship
Military personnel are prohibited from:
Register as individual entrepreneurs (FOP).
To be founders or co-founders of enterprises, entrepreneurial structures.
Join the governing bodies of commercial enterprises.
3.2.Other paid activity
Military servicemen may also not engage in other paid activities, except for teaching, scientific, creative activities, medical practice or sports instructor work, if this does not interfere with the performance of official duties and on the condition of obtaining permission from the command.
4. Exceptions and special cases
4.1. Teaching and research activities
Military personnel have the right to engage in teaching, scientific or creative activities, as well as medical practice, provided that such activities do not affect the performance of their official duties. For this, it is necessary to obtain the appropriate permission from the command.
4.2. Instructional work on sports
Military personnel can engage in sports coaching with the consent of the command, if such activity does not interfere with the performance of official duties.
5. Consequences of violation of legislation
5.1. Responsibility
In case of violation of established restrictions, a serviceman may be subject to disciplinary liability, as well as to administrative or criminal liability in case of corruption offenses.
5.2. Conflict of interest
Engaging in entrepreneurial activity may lead to a conflict of interests, which will negatively affect the performance of official duties by a serviceman and may be grounds for his dismissal from service.
6. Conclusion
Military servicemen cannot engage in business or entrepreneurial activities during their service, as this is contrary to the legislation of Ukraine and may lead to a conflict of interest.Military personnel must fully concentrate on the performance of their official duties, and in the event that it is necessary to engage in teaching, scientific or other authorized activities, this should be done only with the approval of the command
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