“
Source: The Constitutional Court of Ukraine
Literally: “The second Senate on October 1, 2025 at the open part of the plenary session in the form of written proceedings began the case on the constitutional complaint of Gnesdilov Sergey.”
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Details: The judge of the CCU Vasyl Lemak reported that part 8 of Article 176 of the Criminal Procedure Code of Ukraine is the subject of the constitutional complaint of Hnezdilov.
According to her “during the martial law, military personnel suspected or charged with the crimes provided for in Articles 402-405 (disobedience, failure to comply with the order, resistance to the chief or or forced him to violate his duties), 407 (SCR), 408.429 (evasion of military service by self -care or otherwise) of the Criminal Code, applied solely a precautionary measure determined by paragraph 5 of part one of this Article (detention) “.
Gnezdilov believes that the contested prescriptions of the Code “put servicemen … in an unequal position and equate them to particularly dangerous criminals who pose a threat to society, which is a discrimination in the sphere of activity.”
In his opinion, only the most severe pre -trial detention is used to the servicemen, without the right to make bail, which is violated, without proper justification, the right to freedom and personal integrity, guaranteed by Article 29 of the Constitution.
Judge Lemak reported that “in order to ensure full and objective consideration of the case and the court’s adoption of a reasonable decision Inquiries have been preparedIn particular, to state authorities, higher education institutions, as well as scientists who are part of the Scientific and Advisory Council of the Constitutional Court of Ukraine. ”
The contents of the judges expressed in the closed part of the plenary session.
Having examined the case file at the open part of the plenary session, the court moved to the closed part of the meeting.
Recall:
- On September 21, the military wrote on Facebook that he left part of his part to draw attention to the need to set the service life for the mobilized. This act provoked an ambiguous reaction in society, thoughts about this were divided.
- In the 56th separate infantry brigade, where Gnezdilov served, they assigned an official investigation and stated that the military “committed actions that contained signs of a criminal offense.”
- On September 23, the Donetsk Specialized Prosecutor’s Office in the field of defense of the Eastern region on publications in the media opened criminal proceedings for desertion of a serviceman and instructed the investigation of the bureau.
- In October 2024, DBR investigators were handed Gnezdilov suspicion of part 4 of Article 408 (desertion) of the Criminal Code.
- October 11 2024 The investigating judge of the Pechersk District Court of Kyiv applied a pre -trial detention in Gnezdilov in the form of detention at the guard, and dated November 29, 2024 – extended the Gnesdilov period of detention, without determining the amount of bail.
- On December 25, 2024, the Kyiv Court of Appeal left unchanged the decision of the Pechersk District Court, and left the appeal of the defenders of Gnesdilov without satisfaction.
- January 23 2025 The Shevchenkivskyi District Court of the Dnieper released Hnezdilov from criminal liability and closed criminal proceedings, and earlier to Gnezdilov a pre-trial detention measure in the form of detention-canceled and immediately released him from custody in the courtroom.
”, – WRITE: www.pravda.com.ua
Source: The Constitutional Court of Ukraine
Literally: “The second Senate on October 1, 2025 at the open part of the plenary session in the form of written proceedings began the case on the constitutional complaint of Gnesdilov Sergey.”
Advertising:
Details: The judge of the CCU Vasyl Lemak reported that part 8 of Article 176 of the Criminal Procedure Code of Ukraine is the subject of the constitutional complaint of Hnezdilov.
According to her “during the martial law, military personnel suspected or charged with the crimes provided for in Articles 402-405 (disobedience, failure to comply with the order, resistance to the chief or or forced him to violate his duties), 407 (SCR), 408.429 (evasion of military service by self -care or otherwise) of the Criminal Code, applied solely a precautionary measure determined by paragraph 5 of part one of this Article (detention) “.
Gnezdilov believes that the contested prescriptions of the Code “put servicemen … in an unequal position and equate them to particularly dangerous criminals who pose a threat to society, which is a discrimination in the sphere of activity.”
In his opinion, only the most severe pre -trial detention is used to the servicemen, without the right to make bail, which is violated, without proper justification, the right to freedom and personal integrity, guaranteed by Article 29 of the Constitution.
Judge Lemak reported that “in order to ensure full and objective consideration of the case and the court’s adoption of a reasonable decision Inquiries have been preparedIn particular, to state authorities, higher education institutions, as well as scientists who are part of the Scientific and Advisory Council of the Constitutional Court of Ukraine. ”
The contents of the judges expressed in the closed part of the plenary session.
Having examined the case file at the open part of the plenary session, the court moved to the closed part of the meeting.
Recall:
- On September 21, the military wrote on Facebook that he left part of his part to draw attention to the need to set the service life for the mobilized. This act provoked an ambiguous reaction in society, thoughts about this were divided.
- In the 56th separate infantry brigade, where Gnezdilov served, they assigned an official investigation and stated that the military “committed actions that contained signs of a criminal offense.”
- On September 23, the Donetsk Specialized Prosecutor’s Office in the field of defense of the Eastern region on publications in the media opened criminal proceedings for desertion of a serviceman and instructed the investigation of the bureau.
- In October 2024 investigators DBR was presented with Gnesdilov suspicion of part 4 of Article 408 (desertion) of the Criminal Code.
- October 11 2024 The investigating judge of the Pechersk District Court of Kyiv applied a pre -trial detention in Gnezdilov in the form of detention at the guard, and dated November 29, 2024 – extended the Gnesdilov period of detention, without determining the amount of bail.
- On December 25, 2024, the Kyiv Court of Appeal left unchanged the decision of the Pechersk District Court, and left the appeal of the defenders of Gnesdilov without satisfaction.
- January 23 2025 The Shevchenkivskyi District Court of the Dnieper released Hnezdilov from criminal liability and closed criminal proceedings, and earlier to Gnezdilov a pre-trial detention measure in the form of detention-canceled and immediately released him from custody in the courtroom.