Deserters will be released from liability under two conditions
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
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy
The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Publications
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine