Procedure for the commander of a military unit at the primary stage of the investigation of unauthorized abandonment of a military unit or desertion

Abstract

Military discipline is the impeccable and strict observance by all servicemen of the order and rules established by the statutes of the Armed Forces of Ukraine and other legislation of Ukraine (Article 1 of the Disciplinary Statute of the Armed Forces of Ukraine). Military discipline is the basis of the combat readiness of a military unit, its violation, in particular, unauthorized abandonment of a military unit and desertion, pose a direct threat to national security, the ability of personnel to fully and timely perform assigned tasks, and the moral and psychological state of servicemen. Under the conditions of the established legal regime of martial law, the ability of commanders of military units to maintain military discipline at the proper level, to promptly and legally respond to cases of violation of military discipline by subordinates, to take proportionate measures against offenders depending on the degree of public danger of the act and the degree of culpability acquire critical importance and relevance.

According to the authors, the generalized theoretical and practical structure (algorithm) of the activities of the commander of a military unit at the primary stage of the investigation of an unauthorized abandonment of a military unit or desertion consists of the following actions:

1. Notification of the highest military command body, the investigative unit of the State Bureau of Investigation, the Specialized Prosecutor's Office in the field of defense, the National Police of Ukraine and the Military Law and Order Service of the Armed Forces of Ukraine about the fact of unauthorized abandonment of a military unit or desertion. Immediately - by means of communication, during the working day - in writing.
2. Taking measures to detain a subordinate military serviceman when he commits or attempts to commit a criminal offense or immediately after committing a criminal offense related to unauthorized abandonment of a military unit or desertion, with immediate delivery of the detainee to an authorized official or taking measures to immediately notify an authorized official of the detention and location of a person suspected of committing an act with signs of a criminal offense. As well as taking all measures to search for such a person if his location cannot be established.
3. Ordering an internal investigation to establish the circumstances of the offense committed and taking preventive measures.
4. Suspension of military service to a serviceman who has committed an unauthorized abandonment of a military unit or desertion, on the basis of Part 2 of Article 24 of the Law of Ukraine "On Military Duty and Military Service".
5. Assessment of the results of the official investigation, which is set out in the conclusion and annexes, certified copies of which are sent to the territorial body of pre-trial investigation and the Specialized Prosecutor's Office in the field of defense. In the event that there are no grounds for criminal liability, the procedure for the restoration of military service is applied.

The article proposes a unified algorithm of commanders' actions aimed at ensuring a lawful and effective response to violations of military discipline under martial law.