Deserters will be released from liability under two conditions

Advocacy
16:49 Thu 11.07.24 2914 Reviews
Print

The legislative initiative to introduce mechanisms for exempting members of the Armed Forces from criminal liability for committing a military criminal offense deserves support. At the same time, it contains controversial provisions.

This was noted by the UNBA Committee on Criminal Law and Procedure following the analysis of the draft Law No. 11322 dated 06.06.2024 «On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine on Improving Criminal Liability for Crimes Against the Established Procedure for Performing or Completing Military Service during Martial Law».

In particular, the document proposes to supplement Article 401 of the CPC with conditions under which a person who first committed a crime under Article 407 (unauthorized leaving of a military unit or place of service) or Article 408 (desertion) of the Criminal Code may be released from criminal liability:

1) before the end of the pre-trial investigation, the person voluntarily informed the investigator or prosecutor of his/her intention to return to the military unit or place of service to continue military service;

2) the commander (chief) of the military unit (institution) has agreed to the continuation of military service by such person.

If these grounds are present, the prosecutor will have to obtain a written consent of the commander (chief) of the military unit (institution) on the possibility of continuing the military service of the suspect.

Taking into account the provisions of Article 44 of the Criminal Code, the UNBA believes that the wording of the provision «a person may be released from criminal liability» should be replaced with «a person is released from criminal liability».

Also, a person's consent to continue military service must be the result of a positive assessment by the commander of the person's previous performance in the position. However, if the consent can be granted by the commander (chief) of any military unit (institution), the possibility of achieving the goal of the draft law is doubtful. In addition, this approach contains corruption factors.

The full comments and suggestions of the UNBA to the draft law No. 11322 can be found at the link.

Popular news

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 140
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 113
Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 172
The SC has clarified the different ways to respond to a lawyer's request that is ignored

Court practice

The SC has clarified the different ways to respond to a lawyer's request that is ignored

If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.

16:59 Mon 03.08.26 103
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

Discussion

The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.

13:59 Fri 31.07.26 159
Original, device and methodology: how digital evidence is verified

Discussion

Original, device and methodology: how digital evidence is verified

To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.

16:54 Thu 30.07.26 100
The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from captivity

Legal defence of military personnel

The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from…

The Ministry of Defense has included in the draft amendments to the procedure for military medical examinations certain proposals from the Ukrainian National Bar Association aimed at simplifying the process of confirming the circumstances of health impairments sustained during captivity and establishing a causal link to the defense of the homeland.

19:31 Wed 29.07.26 114
The UNBA is developing a concept for a Center for expert research

Interaction

The UNBA is developing a concept for a Center for expert research

The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.

17:18 Fri 24.07.26 212

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл