The procedure for conducting an official investigation in the Armed Forces

Service in the Armed Forces is not an easy job. And as in any other work, various situations and misunderstandings arise. One of which is conducting an official investigation. This definition scares many people, because there is no clear understanding of what kind of process it is, how it goes, and what consequences it can have for the participants of such an official investigation.

Normative regulation

It is worth noting that the procedure for conducting such an investigation is provided for by the Order of the Ministry of Defense of Ukraine dated November 21, 2017 № 608 and the Disciplinary Statute of the Armed Forces of Ukraine.

The official investigation is a set of measures carried out to determine whether an offense occurred during military service in the Armed Forces.

Grounds for official investigation:

• Non-fulfillment of official duties by a serviceman or their improper fulfillment
• Loss of weapons, ammunition or other property during military service
• Loss of official documents or confidential information
• Committing by a serviceman of other offenses that fall under the signs of an administrative or criminal offense
• Other offenses during military service

What is the official investigation based on?

But based on the commander's written order. This order must specify the reasons and grounds for which this investigation must be conducted.

Conducting procedure

When conducting an official investigation of a serviceman, the serviceman's immediate superior must necessarily participate in it.

Period of implementation

As a general rule, an official investigation cannot last more than one place, but in exceptional cases this term can be extended up to two months. It should be noted that the time spent by a serviceman on vacation, on sick leave, etc., is not included in the calculation of this term.

How the results of the investigation are processed?

The results of an official investigation in the Armed Forces are formalized by an act of official investigation. This act must be signed by all persons who conducted it, and all materials of the official investigation must be attached to it.

On the basis of this act of official investigation, the military serviceman may be subject to penalties provided for in the Disciplinary Statute.

Can I appeal?

Yes, you can file a complaint with a senior commander (chief) or go to court.

Deadline for appeal

Within one month from the date of imposition of disciplinary sanction.

Therefore, if you do not understand the reasons for which an official investigation has been initiated or you do not agree with the results of its conduct, do not neglect legal assistance. After all, with the help of military law lawyers, you can protect your rights in case of their violation.