Disciplinary sanctions for servicemen

The key legal act that regulates the specifics and procedure for applying disciplinary sanctions to military personnel is the Law of Ukraine "On the Disciplinary Statute of the Armed Forces of Ukraine". The norms of this document are formulated quite clearly, but in practice, a number of situations may arise where it would be appropriate to consult a professional lawyer in order to

• explain to the serviceman his rights and obligations in a particular situation;
• help defend the rights and legitimate interests if they are violated.

 
Military law is one of the key areas in which the team of Prikhodko & Partners Law Firm has received the most requests from clients over the past two years. And this is not surprising, because martial law has left its mark, and the number of people serving in the Armed Forces of Ukraine has increased significantly. Therefore, the percentage of situations that may require the assistance of professional lawyers has also increased. If you believe that a disciplinary penalty has been imposed on you unlawfully, you can seek legal advice and support from our specialists. We will thoroughly analyze your situation and advise you on its prospects in the legal field.

What do you need to know about disciplinary sanctions?

The types of disciplinary sanctions that can be applied to a serviceman are listed in paragraph 48 of the aforementioned Statute. These are:

• remark;
• reprimand or severe reprimand;
• deprivation of regular discharge;
• a warning regarding incomplete service compliance;
• demotion in the position held;
• reduction in rank by 1 step, which can be applied to sergeants and officers;
• demotion in rank accompanied by transfer to a lower position, which applies to military sergeants (NCOs);
• dismissal from service due to incompetence.

The last of these items cannot be applied to military personnel mobilized during martial law.

The process of imposing disciplinary sanctions

The procedure for imposing disciplinary sanctions is provided for in paragraphs 83-95 of the aforementioned Statute. The key provisions of these clauses that are worth mentioning are that the disciplinary sanctions applied must correspond to the military rank of the person on whom they are imposed. Also, these should be only those penalties that are defined by the Statute and do not go beyond the disciplinary power of the commander who applies them.

If there is a need to clarify the causes and conditions of the offense, as well as to determine the degree of guilt, the imposition of a penalty may be preceded by an internal investigation. It is important to note that the senior commander is recognized as having the right to cancel the penalties imposed by a junior commander if they do not correspond to the gravity of the offense. In such a situation, the senior commander may impose a more severe penalty.

Procedure for the implementation of disciplinary sanctions

As for this procedure, it is covered in paragraphs 96-102 of the Statute. It will be especially important to emphasize the terms relevant to disciplinary sanctions. It is implemented immediately. In exceptional cases, it may be imposed up to 3 months from the date of imposition. When the term has expired, the penalty is not enforced, but it is recorded in the service record of the serviceman to whom it was applied.

If you need legal advice or support on these issues, please contact Prikhodko & Partners Law Firm. We will help you with quality.