The mobilized service begins on the day of departure to the in/h instead of oath – the Supreme Court

Illustrative photo from the Inform Army site

The Supreme Court explains that for a citizen called for military service during the mobilization, for a special period, the beginning of military service is the day of departure to the military unit from the corresponding CCC and JV, and not the fact of taking a military oath.

Source: The Supreme Court press service

Details: It is noted that such a conclusion was reached by the Cassation Criminal Court as a result of the hearing of the case No. 233/2667/23.

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In this criminal proceedings, the courts of previous instance were found guilty and condemned for disobedience of the serviceman who refused to execute the combat order of the commander on the arrival for equipment of engineering structures and preparation troops in this area of ​​defense.

In the cassation complaint, the defense party stated that the accused had all the legitimate grounds not to obey the commander, since he did not take the oath, did not receive proper military training and was mobilized illegally.

The Supreme Court left unchanged courts of previous instances, since the official investigation found that the military categorically refused to take an oath, which undermines not only the combat readiness of the military formations, but also the authority of the Armed Forces of Ukraine as a whole, stated in the message.

The absence of a proper military training in the accused is conditioned by his behavior, attitude to military service and not the desire to pass it, since he did not fulfill the order to receive weapons and go to the training ground for training firing.

Literally Sun: “In view of the prescriptions of Article 24 of the Law of Ukraine” On Military Duty and Military Service “the Law does not link the fact of taking a military oath with the beginning of military service. For the accused as a citizen called for military service during mobilization, for mobilization A special period, the beginning of military service is the day of departure to the military unit from the relevant district (city) territorial center of acquisition and social support. ”