Deserters will be released from liability under two conditions

Advocacy
16:49 Thu 11.07.24 2320 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

The model for legal assistance to veterans was discussed at the UNBA

Legal defence of military personnel

The model for legal assistance to veterans was discussed at the UNBA

A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.

18:07 Mon 20.04.26 112
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

Guarantees of the practice of law

The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU

The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.

18:24 Fri 17.04.26 108
The UNBA and the Ministry of Veterans are expanding their cooperation

Interaction

The UNBA and the Ministry of Veterans are expanding their cooperation

War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.

16:27 Mon 13.04.26 129
Advocates have warned that the draft Labor Code would curtail workers' protections

Legislation

Advocates have warned that the draft Labor Code would curtail workers' protections

Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.

11:47 Thu 09.04.26 214
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

Legal defence of military personnel

Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice

On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.

16:17 Tue 07.04.26 156
The right of minors to marry: how judicial oversight works

Educational events

The right of minors to marry: how judicial oversight works

The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.

11:28 Tue 07.04.26 188
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Interaction

The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity

Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.

19:14 Mon 06.04.26 173
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

Self-government

BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession

The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.

14:56 Thu 02.04.26 210

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

Оберіть файл