Rights of the civilian population

Protection of rights of the civilian population

Protection of rights of the civilian population

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.



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

RESPONSIBLE AGENCIES

Military Law Enforcement Agency

Military Prosecution of the Western, Southern, and Central region

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