The fairness of punishing a serviceman for failing to follow an order is a complex legal issue that depends on the circumstances of the case, not on subjective opinion.
On August 26, the Cabinet of Ministers updated the procedure for crossing the state border. Now, men aged 18 to 22 will be able to leave Ukraine without hindrance during martial law. Men aged 18-22 will also need a military registration document, in addition to a passport, to travel abroad.
Article 369 of the Criminal Code of Ukraine. Offering, promising or providing an improper benefit to an official
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes of citizens or by restriction of liberty for a term of two to four years, or by imprisonment for the same term.
shall be punishable by imprisonment for a term of three to six years with a fine of five hundred to one thousand tax-free minimum incomes of citizens, with or without confiscation of property.
shall be punishable by imprisonment for a term of four to eight years with or without confiscation of property.
shall be punishable by imprisonment for a term of five to ten years with or without confiscation of property.
A citizen of Ukraine may be appointed to the position of judge of the High Anti-Corruption Court if he meets the requirements for candidates for the position of judge stipulated by the Law of Ukraine "On the Judicial System and the Status of Judges", and also possesses the knowledge and practical skills necessary for conducting judicial proceedings in cases related to corruption, and meets one of the following requirements:
has at least five years of experience as a judge;
has a degree in law and at least seven years of experience in scientific work in the field of law;
has at least seven years of experience as a lawyer, including representation in court and/or defense against criminal charges;
has a total length of service (experience) in the work (professional activity) specified in paragraphs 1-3 of this part of the document of at least seven years.
In this case, servicemen write a report about the impossibility of carrying out the order due to health reasons.
Such a report must necessarily indicate the reasons for the impossibility of carrying out the commander's order (health condition, poor health, need for treatment, etc.). The report must necessarily include documents confirming the health condition. If necessary, the report may require a referral for a medical examination, treatment, or examination by the VLK.
In most cases, if a serviceman has submitted a report on the impossibility of executing an order due to health reasons, he is sent for a medical examination and a military medical commission. If the Military Medical Commission confirms medical problems and objective reasons for which the order was not executed, one can count on the absence of problems from the side of the law. If this does not happen, an official investigation into the fact of refusal to execute the order and criminal proceedings under Article 402 of the Criminal Code of Ukraine may be initiated.
Yes, you have the right to receive a paper extract from the Unified State Register of Conscripts, but it is issued exclusively by the territorial recruitment and social support center (TCK SP) at the place of your military registration. Clarification of data through the Reserve+ mobile application does not provide for the automatic generation of a paper extract, but only displays updated data in electronic form.
The procedure for appealing a refusal to book employees involves filing an administrative lawsuit in court. To do this, it is necessary to prepare a detailed statement of claim, clearly stating all the circumstances of the case, arguing the illegality of the refusal decision, and formulating demands for its cancellation.
When filing a lawsuit in court, you must:
Prepare a complete package of documents for submission to court.
Correctly draw up the statement of claim: full name of the court to which the plaintiff applies; data of the plaintiff and the defendant (contact information, legal addresses); description of the essence of the dispute, justification of the illegality of the refusal, reference to the provisions of the law; requirements to the court to cancel the refusal to book and the defendant's obligation to perform legal actions.
Provide arguments for the illegality of the decision to refuse the reservation.
Consult with a lawyer about the need to file a lawsuit, as well as the necessary course of action.
Adhere to the deadlines for filing a claim.
Ensure payment of court fees and monitoring of the case.
If a driver refuses to take a breathalyzer test, the police must offer to have him or her examined at a medical facility.
To do this, the police officer must issue the driver a written referral that allows them to undergo a medical examination at a medical facility, where doctors can take samples for analysis. Only after the driver receives a referral for a medical examination and still refuses to undergo it, the police have the right to draw up a report and impose a fine for refusal.
Refusal to take a breathalyzer test is not in itself grounds for a fine or disqualification. A driver may refuse to take the test, but this does not exempt him from liability - he must undergo a medical examination if the police suggest it.
After a fine has been imposed, the driver has 10 days to appeal it and 15 days to make a voluntary payment. If the decision was not appealed and the fine was not paid within the period established by law, the decision is sent to the enforcement service, and the collection is carried out by force.
If the matter reaches the point of enforcement of the resolution, the driver will have to:
reimburse the costs incurred by the state due to the compulsory collection procedure;
pay a fine in double amount.
For completely destroyed real estate in Ukraine, compensation is provided in the form of a housing certificate or cash payment.
Cash payments can only be received for private homes where there is a land plot for renovation construction.
A housing certificate allows you to: buy housing on the primary or secondary market; invest in new construction; cover part of the cost of more expensive housing.