Publication date: 02.07.2024
Rights and duties of the National Guard
Introduction
Servicemen of the National Guard of Ukraine (NGU) play a key role in ensuring national security and law and order in the country. Their activities are regulated by special legislation that defines their rights and obligations. Members of the NGU have a special legal status that allows them to perform their duties effectively, while ensuring the protection of their rights. In this article, we will consider the main rights and obligations of the National Guard of Ukraine, as well as the legal regulation of their activities.
Legislative regulation
TheConstitution of Ukraine: The fundamental law of the state that establishes the general principles of the activities of the authorities, including military formations. Article 17 of the Constitution stipulates that the defence of Ukraine, protection of its sovereignty, territorial integrity and inviolability are entrusted to the relevant military formations and law enforcement agencies.
Law of Ukraine "On the National Guard of Ukraine": The main legal act regulating the activities of the NGU defines its legal status, tasks and powers. The law establishes the rights and obligations of the servicemen of the NGU, their functions and the chain of command.
TheLaw of Ukraine "On Military Duty and Military Service": The Law regulates the issues of military duty and military service, defines the procedure for conscription, rights and obligations of servicemen.
TheStatute of the Internal Service of the Armed Forces of Ukraine: The Statute establishes the general rules of internal service, duties and rights of servicemen, disciplinary responsibility and the procedure for interaction between servicemen.
Rights of the National Guard
Theright to use weapons and special equipment: Members of the National Guard have the right to use weapons, special equipment, physical force and other means to perform their duties in accordance with the law.
Theright to social protection: Servicemen and women have the right to social protection, including medical care, housing, pensions, social benefits and other forms of support.
Right to rest: Servicemen and women have the right to rest, which includes annual leave, sick leave, study leave and other types of leave provided for by law.
Right to education and professional training: Servicemen and women have the right to education and training, which includes vocational training, advanced training courses and other forms of education.
Theright to legal defence: Servicemen and women have the right to legal protection in case of violation of their rights, including the possibility to apply to the courts, human rights bodies and other institutions.
Duties of servicemen of the National Guard
Performingofficial duties: Members of the National Guard are obliged to perform their duties in good faith, comply with the law and military regulations, and ensure the protection of the rights and freedoms of citizens.
Observance ofmilitary discipline: Servicemen and women are obliged to observe military discipline, carry out orders of commanders and superiors, and prevent violations of discipline.
Preservation of state secrets: Servicemen are obliged to keep state secrets and not to disclose information that constitutes a state or official secret.
Ensuring public order: Servicemen and women are obliged to ensure public order during mass events, protests, sports competitions and other public events.
Participation in exercises and training: Servicemen are obliged to participate in exercises, training and other activities aimed at improving their qualifications and readiness to perform their duties.
Responsibilities of servicemen
Disciplinary responsibility: For violations of military discipline, dereliction of duty or other disciplinary offences, servicemen and women may be subject to disciplinary liability, which includes reprimands, reprimands, arrest with detention in the brig and other disciplinary sanctions.
Administrative liability: For administrative offences, servicemen and women may be subject to administrative liability, which includes fines, administrative detention and other administrative penalties.
Criminal liability: Servicemen and women may be held criminally liable for committing crimes in accordance with the Criminal Code of Ukraine. This includes penalties in the form of imprisonment, fines, correctional labour and other types of criminal punishment.
Social protection of military personnel
Medical care: Servicemen and women are entitled to free medical care in military medical institutions, including preventive examinations, treatment of diseases, rehabilitation and other medical services.
Provision of housing: Servicemen and women are entitled to housing, which includes the provision of service housing, compensation for rent, and participation in programmes for the construction of housing for servicemen and women.
Pension provision: Servicemen and women are entitled to pensions upon reaching a specified age or length of service, including military pensions and other social security benefits.
Social benefits: Servicemen and women are entitled to social benefits, including discounts on utilities, travel, health resort treatment, preferential educational conditions and other types of social support.
Challenges in the work of the National Guard
Psychological pressure and stress: Servicemen and women often face high levels of psychological pressure and stress while performing their duties, especially in combat zones and emergency situations.
Risk to life and health: The performance of military duties involves a high risk to the life and health of servicemen and women, which requires adequate security and medical care.
Insufficientfunding: One of the main challenges is insufficient funding, which limits the ability to provide servicemen with the necessary equipment, vehicles
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