Publication date: 11.06.2024
active and purposeful military lawyer with more than 4 years of experience
The criminal liability of military personnel is defined in the Criminal Code of Ukraine and other legal acts
War crimes are a special type of criminal offense committed by military personnel, conscripts and reservists during military service.
Normative base:
Criminal codex of Ukraine;
Criminal Procedure Code of Ukraine;
Law of Ukraine "On Military Duty and Military Service";
Law of Ukraine "On Defense of Ukraine";
Law of Ukraine "On State Secrets";
Law of Ukraine "On the Symbolism of the Red Cross, Red Crescent, Red Crystal in Ukraine";
Order of the Central Administration of the Security Service of Ukraine dated December 23, 2020 No. 383 "On approval of the Compendium of information constituting a state secret";
1949 Geneva Convention on the Treatment of Prisoners of War;
Additional Protocol to the Geneva Conventions dated August 12, 1949, relating to the protection of victims of international armed conflicts (Protocol I), dated June 8, 1977 (entered into force for Ukraine on July 25, 1990).
Military criminal offenses include the following actions:
Disobedience.
Failure to comply with the order.
Resistance to the boss or forcing him to violate official duties.
Threat or violence against a superior.
Violation of the statutory rules of relations between military personnel in the absence of subordinate relations
Voluntary abandonment of a military unit or place of service
Desertion.Avoiding military service by self-mutilation or other means
Theft, misappropriation, extortion by a serviceman of weapons, military supplies, explosives or other combat substances, means of transportation, military and Criminal liability of servicemen is defined in the Criminal Code of Ukraine and other normative legal acts. War crimes are a special type of criminal offense committed by military personnel, conscripts and reservists during military service or assembly.
Normative base:
Criminal codex of Ukraine;
Criminal Procedure Code of Ukraine;
Law of Ukraine "On Military Duty and Military Service";
Law of Ukraine "On Defense of Ukraine";
Law of Ukraine "On State Secrets";
Law of Ukraine "On the Symbolism of the Red Cross, Red Crescent, Red Crystal in Ukraine";
Order of the Central Administration of the Security Service of Ukraine dated December 23, 2020 No. 383 "On approval of the Compendium of information constituting a state secret";
1949 Geneva Convention on the Treatment of Prisoners of War;
Additional protocol to the Geneva Conventions dated August 12, 1949, concerning the protection of victims of international armed conflicts (Protocol I), dated June 8, 1977 (entered into force for Ukraine 25.070).
The concept of a military criminal offense:
Military offenses committed by military personnel, as well as conscripts and reservists during military service, are recognized as military criminal offenses provided by the Criminal Code of Ukraine against the procedure established by law for military service.
You may be interested in reading articles on the following topics: адвокатские запросы адвокатский запрос ответ на адвокатский запрос требования к адвокатскому запросу непредоставление ответа на адвокатский запрос сроки ответа на адвокатский запрос
