“The Verkhovna Rada proposes to amend combat immunity in the Criminal Code. Commanders are offered to protect against charges in the loss of equipment or personnel. According to the forensic law newspaper, a group of MPs registered two bills 13146 and 13149-on amendments to the Criminal Code and to the Law on Defense of Ukraine on Circumstances that exclude criminal liability”, – WRITE ON: ua.news
The Verkhovna Rada proposes to amend combat immunity in the Criminal Code. Commanders are offered to protect against charges in the loss of equipment or personnel.
According to the forensic law newspaper, a group of people’s deputies was registered by two bills 13146 and 13149-on amendments to the Criminal Code and to the Law on Defense of Ukraine on circumstances that exclude criminal liability of acts and provide combat immunity in the conditions of martial law and war.
According to the deputies, the current definition in the legislation concept of “combat immunity” does not provide real protection of the military command, servicemen of the Armed Forces of Ukraine, volunteers of territorial defense forces, law enforcement officers from unjust criminal prosecution.
Thus, in the existing wording of Article 43-1 of the Criminal Code, the rule is that it is not a criminal offense only an act that concerns causing harm to the life or health of a person who makes aggression against Ukraine, or causing harm to law enforcement interests.
“At the same time, it is not determined that a criminal offense is not an act that has led to the loss of personnel, military equipment, other military property or other consequences of the use of armed and other force in the rejection of armed aggression, and the norm for harming law enforcement and no means.
Thus, Article 43-1 of the Criminal Code is proposed to clarify that it is not a criminal offense of an act (act or omission), committed in the conditions of martial law or in the period of armed conflict and aimed at repeling and restraining the armed aggression States, or caused harm to the life or health of the person who carries out the absence of signs of torture or the use of the means of war prohibited by international law, other intentional violations of the laws and customs of war provided for by international treaties, the consent of which is provided by the Verkhovna Rada.
It is also proposed to clarify that officials and citizens are guilty of violation of legislation and other normative legal acts in the field of defense of Ukraine shall bear a law and responsibility, except in cases provided for in Article 43-1 of the Criminal Code.
Article 425 of the Criminal Code “negligent attitude towards military service” proposes to clarify that for the negligent attitude of the military official to the service, responsibility comes only if there is a real possibility of performing duties properly.
Accordingly, the Law on Defense of Ukraine proposes to clarify the term “military immunity”, namely combat immunity is a legal principle that military command, military personnel, police police of special purpose of the National Police, volunteers Civilian participation in the defense of Ukraine ”, are not subject to justice, including criminal, for the loss of personnel, military equipment or other military property, temporary loss of certain territories of the state, other consequences .
Earlier, a member of the Verkhovna Rada Committee on National Security, Defense and Intelligence Fedor Venislavsky stated that Supreme Commander -in -Chief Volodymyr Zelenskyy and military command have combat immunity from responsibility for the decision made on the battlefield, including the issue of Ukrainian units from Russian units.
