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On Introduction Of Amendments To Certain Legislative Acts Of Ukraine On Strengthening Accountability, Giving Commanders Extra Rights And Laying Duties In Special Period

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо посилення відповідальності військовослужбовців, надання командирам додаткових прав та покладення обов'язків в особливий період

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LAW OF UKRAINE

Concerning amendments to some of Ukraine's legislative acts on strengthening responsibility of servicemen, granting commanders of additional rights and putting duties in a special period

(Information of the Verkhovna Rada (VR), 2015, No. 13, pp. 92)

Verkhovna Rada of Ukraine ruling :

I. Amend the following legislative acts of Ukraine:

1. In Codes of Ukraine on administrative offences (Information from the Supreme Council of the Ukrainian SSR, 1984, appendix to No. 51, st. 1122):

1) article 15 complementing part of the fifth of this content:

"Military officials for committing military administrative offences are responsible for the responsibility provided by the head of the Code of the Code of this Code, provided if these offences are not criminally liable";

2) first part Article 24 to complement paragraph 8 of this content:

"(8) Arrest for hauptivahti";

3) Chapter 3 supplementing article 32 - 1 such content:

" Article 32 - 1 Rasht with a tripod on the hauttwahti

The arrest on the gautthwahti is established and applies only in exclusive cases for individual types of military administrative offences per line up to ten days. An arrest with a holding on a gautthwahti is appointed by a district, district in the city, city or city court (judge).

An arrest on a gauttwahty cannot be applied to female servicemen ";

4) complement the chapter 13 of the contents of this content:

" Chapter 13-B
MILITARY ADMINISTRATIVE OFFENCES

Article 172 - 10 . Withdrawing from the execution of orders or other legal requirements of the commander (chief)

Refusal to comply with the legal requirements of the commander (chief)-

With the arrest, there's an arrest on the line of up to ten days.

Article 172 - 11 Self-free military abandonment or service

Self-free abandonment of the military part or service of the military personnel of the construction service, and the non-appearance of it in time without important reasons for service in the event of release, appointment or transfer, non-occurrence of travel, leave of absence or with the treatment institution lasting up to three dibs-

Pulling the arrest with lesions on the ground for up to five days.

The actions predicted by part of the first of this article committed by a person who had been subjected to an administrative breach for the same violation during the year-

Pulling the arrest with lesions on the ground for five to ten days.

Article 172 - 12 . Raw destruction or damage to military property

Unlimited destruction or damage to weapons, combat supplies, locomotion, military and special equipment or other military property-

With the arrest, there's an arrest on the line of up to ten days.

Article 172 - 13 Abuse of military personnel or personnel

Illegal use of a military vehicle for vehicles, structures or other military property, the use of a serviceman to perform tasks unrelated to military service, as well as other abuse of power or service personnel. a position committed to a useful purpose or in other personal interests or in the interest of third persons,-

With the arrest of the man on the line of up to ten days.

A note. Military personnel are understood by military chiefs, as well as other servicemen who hold permanent or temporary positions related to the execution of organizational or administrative duties, or perform -Such duties as a special command of the command of the command.

Article 172 - 14 . Exceed by military personnel of power or service authority

Above the military service of authority or service authority, that is, the intentional act of action that clearly transcend the boundaries of this person's rights or authority,

With the arrest, there's an arrest on the line of up to ten days.

Article 172 - 15 . Negligent treatment of military service

Unscathed from military service to military service-

With the arrest, there's an arrest on the line of up to ten days.

Article 172 - 16 . Military authority

A deliberate discontinuation of the termination of a crime committed by the subordinate or unauthorised by the military service person to the body of pre-judicial inquiry a message of the subordinate who committed criminal offences, and other intentional Non-compliance with the military personnel assigned to her duties-

With the arrest of the man on the line of up to ten days.

Article 172 - 17 Violations of the rule of action

Violation of the rules of combat duty (combat service) established for timely detection and reflection of a sudden attack on Ukraine or for protection and security of Ukraine,-

With the arrest, there's an arrest on the line of up to ten days.

Article 172 - 18 . Violations of the rules of the border service

Violation of the rules of the violation of the border service of the person, which is part of the national border guard of Ukraine,

With the arrest, there's an arrest on the line of up to ten days.

Article 172 - 19 . Violations of the rules of weapons and substances and items that pose a heightened danger to the environment

Violations of the rules of weapons, as well as ammunition, explosives, other substances and items that pose a heightened danger to the environment, as well as with radioactive material-

With the arrest, there's an arrest on the line of up to ten days.

Article 172 - 20 . Drinking beer, alcoholic, alcoholic drinks by military personnel

Drinking of beer (except for non-alcoholic), alcoholic, alcoholic drinks of servicemen, enlisted men and reservists during the transit of military units, military facilities, or the execution of their duties Net military service-

Impose a penalty of seventy to a hundred forty-five non-taxable income minimums of income citizens or arrests with lesions to the harpsichords of up to five days.

The participation of superiors (commanders) and other executives in dealing with subordinates to soldiers, enlisted men and reservists during the passage of beer (except for non-alcoholic), alcoholic, low-alcoholic drinks while performing their duties of military service or non-life of the duty of the military service of persons who are in a net state, or to conceal them by drinking cases of beer (other than non-alcoholic), alcoholics, to drink or appearance in the military service in the net state of the subordinates to them Military personnel, military personnel and reservists during the meeting

The penalty of one hundred forty-five to two hundred and fifteen uncharged minimum income minima or arresting charges of five to ten days.

Actions predicted by parts of the first or second of this article are committed by a person who has been subjected to an administrative breach for the same violation during the year.

To impose a penalty from one hundred forty-five to two hundred and eighty five uncharged minimum income minimum income or arrest with lesions on the hautthwahti on the lines of seven to ten days ";

5) in Article 221 Numerals " 172 - 9 " replace the numbers " 172 - 20 ";

6) in part of the first article 255:

in paragraph 11 digits " 172 - 9 " replace the numbers " 172 - 20 ";

Complement paragraph 14 of this content:

" (14) commanders (chiefs) of military parts (Article 172) - 10 -172 - 20 ) ".

2. In Penal Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2001, No. 25-26, art. 131):

1) first part Article 62, after the words "of the building service", complemented by the words " servicemen who undergo military service under contract, personnel of officers who pass the personnel service, the officers of the officers who undergo military service For conscription, servicemen who are assigned to military service during mobilisation, in a special period (except for women members) ";

2) paragraph 2 Part 2 of the second article 407, after the words "Service restriction of up to two years" would be supplemented by the words "or the trimanation in a disciplinary battalion on the lines of six months to one year".

3. In Criminal Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2004, No. 3-4, art. 21):

1) Article 17 supplemented by the words " servicemen who undergo the military service under contract, persons of officers who undergo the personnel service, officers of officers who undergo military service for the prize, military personnel called Military service during mobilisation, on a special period (except for female servicemen) ";

2) in Part seven Article 71 words "stipulated for the military service of the construction service" to exclude;

3) first part article 77 supplements words " and also to work on engineering equipment of positions (districts), construction of engineering facilities to strengthen the defense of the state, restoration of human settlements infrastructure in a special period, including of a military state or in a combat situation, as well as after their completion until the end of the period, which ends at the time of the official announcement of this ";

4) Part three Article 84, after the words "of the construction service", complemented the words " military rank and allowance for the service of years for servicemen who undergo military service under contract, persons of officers who pass the personnel service, Officers who undergo military service for the conscription, servicemen who call for military service during mobilisation, for a special period. "

4. Item 12 Article 14 of the Law of Ukraine "On Social and Legal Protection of the Military and Members of Their Families" (Council of the Verkhovna Rada of Ukraine, 1992, No. 15, art. 190; 2006, No. 51, pp. (519) To read:

" 12. A military officer of a military service, a military officer who is a contract officer, a person of an officer who runs a military service, a person of an officer who is in charge of military service. A military officer, called for a military service during a mobilization, to a special period (except for a female soldier), who was sentenced to be held in a disciplinary battalion of military personnel, and members of his family of rights to the privileges are not lost. "

5. Internal Service Statute of the Armed Forces of Ukraine , approved by the Law of Ukraine "On the Statute of Internal Service of the Armed Forces of Ukraine" (Information of the Verkhovna Rada of Ukraine, 1999, No. 22-23, art. 194 with the following changes), supplementing article 22 - 1 such content:

" 22 - 1 . Commander (chief) in a special period, including in terms of martial law or martial law, in order to apprehend a soldier who acts as a result of a crime associated with disobedience, resistance or threat The supervisor, the application of violence, the self-free abandonment of hostilities and the designated locations of military units (units) in combat operations, has the right to personally apply physical effects without causing harm A health of a serviceman and special means sufficient to end the contradictions Action.

In combat, the commander (chief) can apply the weapon or to give an order of its application, if in another way, it is impossible to end a crime, without causing the death of a soldier to be killed.

In case of circumstances, commander (chief) before taking measures of physical influence, special means or weapons should be the voice or firing of an agreement to warn of this person against which such measures may be applied. "

6. Item 12 Annex 12 to the Statute of the Garnionon and Military Services of the Armed Forces of Ukraine, approved by the Law of Ukraine "On the Statute of the Garrison and Worth Service of the Armed Forces of Ukraine" (Information of the Verkhovna Rada of Ukraine, 1999, No. 22-23, p. 196), set out in such an editorial:

" 12. The order and conditions of detention of servicemen arrested in administrative order are determined by the orders of the Ministry of Defence of Ukraine. "

7. Article 6 The disciplinary status of the Armed Forces of Ukraine approved by the Law of Ukraine "on the Disciplinary Statute of the Armed Forces of Ukraine" (Information of the Verkhovna Rada of Ukraine, 1999, No. 22-23, art. 197), after part of the third complement of the following content:

" The commander is bound to take action to delay the subordinates, either to commit or commit to committing a crime, or directly after committing a crime associated with disobedience, resistance or threat to the chief, an application of violence, The self-free abandonement of the military or desertion, with the immediate delivery of a detainee to an authorized service person or to take action on the immediate message of the authorized service person about the detention and whereabouts of a person suspected of committing an act of the signs of the crime. "

Due to this, the fourth part is considered to be part of the fifth.

II. This Act will take effect from the day, the following day by the day of its publication.

President of Ukraine

PZERN

Um ... Kyoto
February 5, 2015
No. 158-VIII