Administrative and Criminal liability for non-appearance of the summons to the military registration and enlistment office, for evading mobilization. Responsibility for offenses during service

• Violation of military registration
• Penalty for non-appearance on the summons to the military registration and enlistment office
• Damage to military records or their loss through negligence
• Administrative responsibility of military personnel for offenses during service
• Drinking alcoholic, low-alcohol drinks or using narcotic drugs, psychotropic substances or their analogues. Art. 172-20.
• Careless destruction or damage to military property. Art.172-12
• Violation of the rules of combat duty. Art.172-17
• Criminal liability for non-appearance on the summons to the military registration and enlistment office
• Military registration evasion
• Insubordination
• Threat or violence against the boss
• Unauthorized abandonment of a military unit or place of service
• Desertion
• Evasion of military service by self-mutilation or other means

Not many of us can boast of absolute law-abiding. After all, every day, if you look closely, we can all observe certain violations of the law: either the sales manager was driving a car and talking on a mobile phone, while forgetting to turn on the direction indicator, or God’s dandelion grandmother sells various junk from the ground near the market, then we meet a company of young people drinking beer on the street. Yes, they all have in common that they broke the law, albeit to a small extent. Persons liable for military service and the military are no exception, who quite often neglect not only the observance of the law, but also the fulfillment of their constitutional duty to their homeland.

This article will focus on common administrative fines and criminal liability applied to both civilians and military personnel in connection with violation of the legislation on mobilization, defense and military service. And we note right away that the fines are given for the special period that is now in force in the country, because martial law and general mobilization have been declared. Punishment for offenses during such a period increases significantly.

Administrative liability for violation of military registration, a fine for failure to appear on a summons to the military registration and enlistment office, drinking alcoholic beverages and using drugs by military personnel

Violation of military registration

Let's start with relatively small and seemingly harmless ones. What will happen if, for example, a forgetful citizen, after changing residence, did not register with the local military registration and enlistment office, did not submit documents granting him the right to deferment, or did not report other changes in his personal data within seven days? In this case, for violation of accounting, conscripts, conscripts and reservists bear in accordance with Art. 210 CUAO administrative penalty in the form of a fine. For a special period, its size ranges from 50 to 100 tax-free minimum incomes of citizens, which is 850 - 1700 UAH.

Penalty for non-appearance on the summons to the military registration and enlistment office

What is the penalty for non-appearance in the military registration and enlistment office?–- today this question is very relevant and popular in search queries. But you can't answer it with one answer. "Why?" - you ask. Because it will be an administrative punishment or already a criminal one, it depends on which type of summons you did not appear without good reason and what offense you committed.

If the failure to appear at the military registration and enlistment office occurred on the summons for clarification of data or for the passage of the military medical commission, then in accordance with Art. 210 - 1 of the Code of Administrative Offenses for such an offense committed in a special period, you face an administrative fine in the amount of UAH 3400 to 5100. Art. 210 - 1 of the Code of Administrative Offenses implies a wide range of violations of the laws on mobilization, mobilization training and defense, but we will focus on the most common case.

Under this article, officials of local authorities, enterprises, organizations of all forms of ownership can also receive a fine for violations in keeping records of persons liable for military service assigned to them by the state. For example: the absence of a register of persons liable for military service, not informing the military registration and enlistment office about changes in the lists of persons liable for military service, violation of reporting, lack of verification of military registration documents when hiring, and the like.

But for ignoring a legally handed mobilization order or summons for conscription (during a special period, conscription is temporarily not carried out), failure to appear at the request of the commander in the military unit can be held criminally liable, but we will talk about this below.

Damage to military records or their loss through negligence

Someone washed the registration certificate, the dog ate the military ID, or you simply lost the document. Who among us hasn't? It happened, but in the case of the military registration and enlistment office just does not get off and for this responsibility is provided in the form of a fine. Art. 211 of the Code of Administrative Offenses for such a careless, and in some cases deliberate, act provides for a fine in the amount of 850 - 1700 UAH.

Protocols on administrative offenses are drawn up, as well as decisions are made on bringing to administrative responsibility with the imposition of a fine under Art. 210, art. 201-1, art. 211 only can only be done by heads of military enlistment offices (TTsKiSP). This is expressly stated in Article 235 of the Code of Administrative Offenses. And this can only be done within 2 months from the date of the offense, subject to a personal notification signed by the offender. If there is no signature, the deadline is not met, then the prosecution is illegal. You can find out about the fine imposed on you from the register of debtors of Ukraine on the corresponding website.

Administrative responsibility of military personnel for offenses during service

As for military personnel, the law provides for even more severe punishments for them. This is not surprising. Discipline in the army should come first.

On January 27, 2023, the Law of Ukraine No. 2839-IX came into force, which toughened and more clearly defined administrative and criminal liability in martial law or in a combat situation. For many of them, criminal liability is now provided for with a real, rather than a suspended sentence. We repeat that below are considered common (not all) offenses committed in a special period (general mobilization, martial law). For the duration of martial law or in a combat situation, the norms of the Criminal Code apply for some offenses!

Drinking alcoholic, low-alcohol drinks or using narcotic drugs, psychotropic substances or their analogues. Art. 172-20.

Perhaps the most popular and widespread offense of military personnel is a weakness for alcohol. For drinking alcoholic, low-alcohol drinks or using narcotic drugs, psychotropic substances or their analogues by military personnel, persons liable for military service and reservists while passing training camps on the territory of military units, military facilities or the appearance of such persons on the territory of a military unit in a state of intoxication, in a state of narcotic or other intoxication , or the performance of military service duties by them in a state of intoxication, in a state of narcotic or other intoxication, as well as the refusal of such persons to undergo an examination for a state of alcoholic, narcotic or other intoxication during a special period, they are liable in the form of a fine from 17,000 to 3,400 hryvnias.

By the way, if your commander decided to have a drink with you, if he did not remove you from duty or decided to hide such facts, he may be held accountable for the same.

Careless destruction or damage to military property. Art.172-12

Like an elephant in a china shop. If this expression is about you, then it may well be that another trouble will happen in the war. Only the property will not be simple, but military and will have to be held accountable for it to the fullest extent. For the damage caused to the army in a special period, you will have to pay from 17,000 to 34,000 hryvnia. And for damage on a large scale - criminal liability.

Violation of the rules of combat duty. Art.172-17

Violation of the rules means the transfer by military personnel of the duty shift when on combat duty to any, at least temporarily, performance of their duties without the permission of the commander, in distraction to matters not related to the performance of these duties, in unauthorized abandonment of a combat post or other place of combat duty etc. Such violations, which did not provoke serious consequences, entail a fine from 17,000 to 34,000 UAH.

Other offenses for which administrative liability is applied and which you can independently familiarize yourself with in the Code of Ukraine on Administrative Offenses include:

Exceeding power or official authority by a military official. Art. 172-14;

Careless attitude to military service. Art. 172-15;

Military inaction. Art. 172-16;

Violation of the rules of carrying out the border service. Art 172-18;

Violation of the rules for handling weapons, as well as substances and objects that pose an increased danger to others. Art. 172-19;

Criminal liability for non-appearance on the summons to the military registration and enlistment office

We pass to the most "interesting" and more responsible section. For the violations mentioned above, you could get a slight fright and your wallet might become a little thinner. Now everything can end with a real term in places of deprivation of liberty.

Art. 335 of the Criminal Code of Ukraine

Punishable by restriction of freedom for up to 3 years

Criminal liability for failure to appear on the agenda in the military registration and enlistment office

Art. 336 of the Criminal Code of Ukraine

As we mentioned earlier, for failure to appear on the agenda at the military enlistment office, both a fine and imprisonment are possible. It all depends on what TCKandSP wants from you. Summons to clarify the data and the passage of the military medical commission (VVK) is one thing, but a mobilization order or a summons from the commander of a military unit is completely different. So, if you came to the military enlistment office to clarify the data, then or immediately passed the VVK and you were given a summons with a direction to arrive at the military unit, then in case of failure to appear on it, such a refusal can be regarded as evasion. Judging for failure to appear on such a summons will be under Art. 336 of the Criminal Code! Full name - Evasion of conscription for military service during mobilization, for a special period, for military service for the conscription of persons from reservists in a special period. The punishment in this case is from 3 to 5 years of real imprisonment. And there are more and more such sentences in Ukrainian courts.

Military registration evasion

Art. 337 of the Criminal Code of Ukraine

For deliberate evasion from the established procedure for military registration (Decree of the Cabinet of Ministers of December 30, 2022 No. 1487), after a warning made by the head of the TCKiSP (military registration and enlistment office), the evader may face both a fine in the amount of 5100 to 8500 UAH, and corrective labor for up to 1 of the year. For example, after changing your residence, you did not want to be registered with the military, you evade providing the military registration authority with information about a change in your place of residence, education, place of work, you have already been officially warned about liability, but you continued to ignore legal requirements.

This concludes the main punishments for civilians. Let's move on to violations that relate to military personnel.

Criminal offenses committed by military personnel (the severity of punishment is indicated for wartime and for combat conditions).

Insubordination

Article 402 of the Criminal Code of Ukraine

If a serviceman openly refused to comply with the order of the chief, did it intentionally, and this happened under martial law or in a combat situation, then this is fraught with consequences for the attacker in the form of 5-10 years in prison. For unintentional and not open failure to comply with an order, which led to serious consequences, criminal liability is provided in the form of imprisonment for a term of 5 to 8 years (Article 403 of the Criminal Code. Failure to comply with an order).

Threat or violence against the boss

Article 405 of the Criminal Code

As we all know from our experience of our friends, colleagues or acquaintances, in the army there are not quite regular relations. And the subordinate is not always the victim. Yes, imagine, they can also threaten the boss, and they can even beat him! Then hotheads will have to cool down behind bars for a very long time - from 5 to 10 years. If ordinary soldiers beat each other, then everything depends on the number of those who used violence and on the severity of the bodily injuries inflicted. The breadth of punishment varies from 6 months of arrest to 10 years in prison (Article 406 of the Criminal Code. Violation of the statutory rules of relations between military personnel in the absence of subordination relations).

Unauthorized abandonment of a military unit or place of service

Art. 407 of the Criminal Code

Imagine situations - a serviceman decided to leave the military unit for a little, just a little, or came back from a business trip, a medical institution, a vacation at the wrong time (well, I haven’t seen my wife for a very long time), here, of course, it would be necessary to understand and forgive, but , unfortunately some, not in this case. During martial law for such tricks committed without good reason, very severe liability is provided for under Part 5 of Art. 407 of the Criminal Code and is punishable by imprisonment for a term of 5 to 10 years.

Desertion

Art. 408 of the Criminal Code

The qualification of this article provides for criminal liability for intentionally leaving or not appearing after treatment, a business trip, vacation in a military unit or places of service in order to evade military service. For the presence of corpus delicti, the period of absence of the deserter does not matter. In contrast to the unauthorized leaving of a military unit or place of service, a deserter does not have the goal of returning back. The term of imprisonment is from 5 to 12 years.

Evasion of military service by self-mutilation or other means

Art. 409 of the Criminal Code

Probably, many of us have seen videos or heard “recommendations” from other sources on how to leave the battlefield or duty station and get to the hospital. They are often joking, but sometimes they are serious. In most cases, of course, this kind of tricks will not work in the army, but the responsibility will have to be borne. It consists in imprisonment for a term of 5 to 10 years.

Other offenses for which military personnel are subject to criminal liability under martial law include:

Resistance to the boss or forcing him to violate official duties. Art. 404;

Stealing, misappropriation, extortion by military personnel of weapons, ammunition, explosive or other military substances, vehicles, military and special equipment or other military property, as well as taking possession of them by fraud or abuse of official position. Art. 410;

Deliberate destruction or damage to military property. Art. 411;

Careless destruction or damage to military property. Art. 412;

Violation of the rules for handling weapons, as well as substances and objects that pose an increased danger to others. Art. 414;

Violation of the rules of combat duty. Art. 420;

And others.

But as the judicial practice of 2022 shows, persons who plead guilty to committing crimes under certain articles have a great chance of receiving not a real term of imprisonment, but a probationary one at large. Here, perhaps, are all the most common types of offenses that we wanted to talk about. Suddenly you find yourself in a situation where you are threatened with a significant fine or, even worse, criminal liability - contact Alibi law firm. In any situation, you need to figure it out, identify the legitimate reasons for actions or inactions, and protect your rights. Our lawyers will be able to provide advice and answer your questions in order to subsequently prove your innocence in court.