Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Services of a military lawyer in criminal cases
The services of a military lawyer in criminal cases on the territory of Ukraine, unfortunately, are in quite high demand since the beginning of the hybrid war of Russia against Ukraine, and after the full-scale invasion of the Russians, the number of servicemen in need of legal protection has reached very significant volumes.
For the most part, the services of a military lawyer in criminal cases relate to the following:
- Disobedience or non-fulfillment of an order characterized by an open refusal to disobey the order of a superior, superior in rank, or other non-fulfillment of an order that must be carried out with intent. Criminal liability with deprivation of liberty is provided for the commission of such actions.
- Voluntary desertion of a military unit or place of service is characterized by the fact that a serviceman intending to leave a military unit or place of service disappears without a corresponding notification, permission, or failure to return from leave at the appointed time.
- Desertion, characterized by the fact that the serviceman initially leaves the place of service, and then disappears for an indefinite period of time, when his whereabouts cannot be established. The subjective side of this crime is the intention to evade further military service.
- Evasion of conscription for military service during mobilization for a personal period, this offense is typical for persons who are conscripted and have the intention to avoid fulfilling their duty regarding military service.
From the point of view of the Criminal Code of Ukraine, the above offenses are characterized by the direct intention of the conscript to avoid fulfilling his duty.
However, during the time when the country is in a state of war, there are many situations when servicemen, without intending to avoid the performance of their duties, receive the status of a suspect in committing a criminal offense. This can happen as a result of leaving the previously occupied combat positions in connection with, for example, running out of ammunition and a large number of wounded and dead, lack of basic water… All these conditions together can become the basis for entering relevant information into the ERDR, as well as, for example, significant the destruction of a military unit as a result of rocket fire with subsequent abandonment by the military of such a unit.
Information was entered into the EDPR even regarding military personnel who came out under shelling from the encirclement (for example, Ilovaisk), which cannot, let’s say, be considered correct.
In practice, groundless accusations of a criminal offense (in our case, actions without criminal intent of the military in the sense of the legislation in the field of criminal law) and prosecution can be prevented by proving factual circumstances justifying the necessity of certain actions of the military that did not have a criminal purpose intention, but is the result of circumstances that do not depend on them.
Calculate the cost of services
1 question
Do you need a military lawyer?
2 question
Is your question related to the area of criminal law?
3 question
Do you need legal help urgently?
Do you conduct consultations online or by phone?
We work throughout Ukraine and abroad, so many clients want to receive consultation remotely. If you are unable to come to our office in Kyiv for a consultation, we can conduct it for you online or by phone.
How to choose a criminal defense lawyer?
Choose a lawyer based on their ability to control the process and think strategically, not on promises. Practical experience, a clear action plan from the first consultation, and real cases confirming results are key factors.
How can I contact a criminal defense lawyer if needed?
You can contact a lawyer via the provided contacts or through the law firm. It is important to promptly inform your lawyer about any changes in your case or circumstances that may affect its outcome.
What can a lawyer not guarantee?
A lawyer cannot guarantee a specific outcome of the case, as the decision is made by the court. However, they ensure professional defense using all legal tools to minimize risks and achieve the best possible result.
Is it possible to fundamentally change the course of a criminal case at pre-trial and trial stages?
Yes — provided there is systematic work, the right strategy, and professional procedural management. In criminal law, the result is the consequence of timely decisions.
You may also need:
Protection of interests in criminal proceedings
Read more
Petition to close criminal proceedings
Read more
Defense in corruption criminal proceedings
Read more
Legal defense in a criminal case
Read more
Closure of criminal proceedings
Read more
Escort during interrogation during martial law
Read more
Appeal against the refusal to open criminal proceedings
Read more
Extradition to Ukraine as part of criminal proceedings
Read more
Representation in criminal proceedings
Read more
Cassation appeal in a criminal case
Read more
Appeal against decision to discontinue criminal proceedings
Read more
Military criminal lawyer
Read morecall back
during the day
Telegram
Viber
WhatsApp
Facebook
Instagram