Publication date: 03.07.2024
Liability for violation of laws and regulations of the National Guard
The National Guard of Ukraine (NGU) plays an important role in ensuring national security and public order. In order to perform its duties effectively, the NGU must comply with certain laws and regulations, the violation of which may have serious consequences. In this article, we will examine the legal basis for liability for violation of the NGU's laws and regulations, the types of disciplinary and criminal liability, and the procedures for bringing to justice.
Legal framework
TheConstitution of Ukraine: The fundamental law of the state that defines the rights and obligations of citizens, as well as the basis of law and order. Article 17 of the Constitution of Ukraine stipulates that the defence of Ukraine, protection of its sovereignty, territorial integrity and inviolability is the duty of all citizens.
TheLaw of Ukraine "On the National Guard of Ukraine": Defines the legal status, tasks and powers of the NGU, as well as the basis for disciplinary responsibility of servicemen.
Disciplinary Statute of the Armed Forces of Ukraine: Sets out the rules of internal service, disciplinary powers of commanders, the procedure for imposing disciplinary sanctions and the procedure for appealing disciplinary decisions. This statute also applies to the NGU.
TheCriminal Code of Ukraine: Defines the types of criminal liability for offences committed by servicemen, including violations of laws and regulations of the NGU.
TheLaw of Ukraine "On Combating Corruption": Regulates liability for corruption offences committed by members of the NGU.
Types of liability
Disciplinary liability: Members of the NGU may be subject to disciplinary action for violations of internal rules and discipline. Disciplinary sanctions include reprimand, reprimand, strict reprimand, demotion, arrest with detention in the brig and other measures.
Criminal liability: Servicemen and women may be held criminally liable for crimes under the Criminal Code of Ukraine. This includes offences against military service, corruption offences, violent acts, murder, theft and other criminal offences.
Administrative liability: Servicemen and women may be held administratively liable for administrative offences such as disorderly conduct, traffic violations, violations of public order and other offences.
Material liability: Servicemen and women may be held financially liable for damage caused to state or municipal property, including compensation for damages.
Procedure for bringing to disciplinary responsibility
Detection of aviolation: A violation may be detected directly by the commander or through the complaints of other servicemen. The commander is obliged to take immediate measures to record the fact of the violation.
Internalinvestigation: To establish the circumstances of the violation, an internal investigation is conducted, which includes collecting explanations from the violator, witnesses and other interested parties.
Decision-making on penalties: Based on the results of the internal investigation, the commander decides whether to impose a disciplinary sanction. The types of sanctions may include a reprimand, reprimand, strict reprimand, arrest with detention in the brig, etc.
Execution of the penalty: The decision to impose a disciplinary sanction is formalised by an order of the commander and communicated to the offender.
Appealing against a penalty: A serviceman has the right to appeal against a disciplinary sanction in accordance with the established procedure by applying to a superior commander or to a court.
Procedure for bringing to criminal responsibility
Initiation of criminal proceedings: In the event of a crime committed by a member of the NGU, law enforcement agencies initiate a criminal case. The investigator conducts a pre-trial investigation, collecting evidence and questioning witnesses.
Filing ofcharges: Based on the evidence collected, the investigator brings charges against the serviceman. The accused has the right to a defence, including a lawyer, and can appeal the charges.
Trial: The criminal case is transferred to a court where a trial is held. The court hears witnesses, experts, the accused and the defence, and examines the evidence presented.
Court verdict: The court decides on the guilt or innocence of the accused. In the case of guilt, the court determines the punishment, which may include imprisonment, a fine, deprivation of military rank, etc.
Appeal against the sentence: A court verdict can be appealed against in an appeal or cassation procedure. The accused has the right to file an appeal or cassation appeal against the court's decision.
Challenges and problems in the prosecution process
Insufficientevidence base: In some cases, there may be a problem of insufficient evidence, which makes it difficult to bring servicemen to justice.
Command influence: The possible influence of the chain of command on investigations and trials can lead to biased and unfair decision-making.
Psychological pressure: Military personnel may face psychological pressure from colleagues or superiors, which may influence their behaviour and decision-making.
Legal uncertainty: The absence of clear legal provisions and guidelines on some aspects of the NGU's activities can create legal uncertainty and difficulties in the accountability process.
Recommendations for improving the accountability process
Ensure objectivity: Objectivity and impartiality in the investigation and prosecution process should be ensured, in particular through the independence of the investigating authorities.
Improving training: Increase training for military personnel on how to comply with laws and regulations, as well as training for commanders on disciplinary action and personnel management.
Developing clear guidelines: Developing and implementing clear legal norms and instructions governing all aspects of the NGU's activities and accountability procedures.
So, it doesn't matter whether you consult a lawyer or a lawyer's advice. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
