Rights of the civilian population

Protection of rights of the civilian population

21 жовт. 2016

The results of social research conducted by the Kharkiv Institute for Social Research in 2016 allowed the identification of the most pressing concerns of the civilian population with respect to military related factors.

The list of concerns identified as a result of this research was used to develop information for the civilian population to better understand the legal documents regulating the responsibilities of military personnel and protect their own rights in the case of violation.

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Types of and responsibility for violations

Violation	Reason for prohibition	Responsibility	POC to report a violation
Drinking alcohol while on duty	The Law of Ukraine “On Internal Service Regulations of the Armed Forces of Ukraine” requires military personnel to refrain from unhealthy habits.	Penalty Arrest and detention at guardroom Article 172-10 and Article 172-20 of the Code of Administrative Offences of Ukraine	Unit commanders, Military Law Enforcement Agency
Carrying offensive weapons in public places, violation of the regulations of its use	The Regulation “On the procedure for registration, storage, and issue of firearms and ammunition of the Armed Forces of Ukraine” prohibits military personnel to: keep firearms and ammunition outside of a military unit carry a gun without a holster or unholster it unnecessarily carry a firearm while attending public places (if not related to service) pointing weapons at humans, animals, transport, buildings, constructions, etc. leaving firearms unattended	Arrest and detention at guardroom Partial incompetency or custody to a penal battalion Custody Article 172-19 of the Code of Administrative Offences of Ukraine Article 414 of the Criminal Code of Ukraine	Unit commanders, Military Law Enforcement Agency, Military Prosecutor
Violation of traffic rules	“Traffic rules” establish uniform traffic rules on the territory of Ukraine that apply to military personnel and military transport.	Penalty Custody Article 121-139 of the Code of Administrative Offences of Ukraine Article 415 of the Criminal Code of Ukraine	Military Road Safety Inspection of the Military Law Enforcement Agency of the Armed Forces of Ukraine, Unit commanders, Military Prosecutor
Disobedience of orders resulting in a threat to the civilian population	The Law of Ukraine “On Internal Service Regulations of the Armed Forces of Ukraine” requires military personnel to unconditionally obey the orders of commanding officers.	Arrest and detention at guardroom Partial incompetency or custody to a penal battalion Imprisonment for up to 3 years Article 172-10 of the Code of Administrative Offences of Ukraine Article 402 of the Criminal Code of Ukraine	Unit commanders, Military Law Enforcement Agency, Military Prosecutor
Gross behavior of military personnel at checkpoints	The Law of Ukraine “On Internal Service Regulations of the Armed Forces of Ukraine” requires military personnel to become models of high-culture and respect the dignity of other people	Disciplinary punishment Suspension Arrest and detention at guardroom Chapter ІІІ of the Law of Ukraine “On Disciplinary Regulations of the Armed Forces of Ukraine” Article 172-15 of the Code of Administrative Offences of Ukraine правопорушення	Unit commanders, Military Law Enforcement Agency
Violence, unlawful destruction or illegal seizure of property under the pretext of military need with respect to the population in the area of operations	The Law of Ukraine “On Internal Service Regulations of the Armed Forces of Ukraine” requires military personnel to strictly abide by the norms of International Humanitarian Law, the Constitution, and Laws of Ukraine as well as honestly and properly perform their professional duties.	Custody Article 433 of the Criminal Code of Ukraine	Military Prosecutor