Supreme Court: Service begins on the day of sending to/h, and not after taking the oath

07 February 2025, 00:29 | Ukraine
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Citizens called up for military service during mobilization in a special period begin to serve in the army on the day of departure to the military unit from the TCC, and not after accepting the oath. This was reported by the Supreme Court with reference to the conclusion of the cassation criminal court on the result of the consideration of the case No. 233/2667/23.

In particular, in this proceeding, previous courts found the military in disobedience to be guilty (h. 4 tbsp. 402 of the Criminal Code of Ukraine). He refused to fulfill the commander’s combat disposal of the arrival for the equipment of engineering structures and the preparation of spare fire positions at the platoon supporting point on the second defense line. It is noted that this could lead to a breakthrough of defense by Russian troops. The defense side in the cassation appeal claimed that the military by law could not follow the commander’s order, because he did not accept the oath, did not have proper preparation, but mobilized it illegally.

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The Supreme Court emphasized that it leaves the decision of past instances unchanged, and the official investigation established that the military refused to take the oath, which " The court also claims that the accused does not have proper preparation because of his behavior, the attitude to the service and the reluctance of her passage. He did not fulfill the order to receive weapons and arrival at the training ground for training shooting.



The court refers to the requirements of Article 24 of the Law " According to him, the legislation does not bind the fact of accepting the oath and the start of military service.

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Earlier, Deputy Head of the Presidential office, Irina Vereshchuk, reported that most cases of unauthorized abandonment of military units are recorded in training centers, and not in combat units. According to her, in the conditions of war there should be order, and the legislation should be stringent in order to avoid perception of ourselves as a way to get a vacation or translation.




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