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On December 13, the Verkhovna Rada of Ukraine voted in voting company No. 8271 o...

The law on strengthening responsibility for the military is harmful to the army. What's wrong with him

On December 13, the Verkhovna Rada of Ukraine voted in voting company No. 8271 on strengthening criminal responsibility for the military. The President must veto him with the bill No. 8271 on the criminal liability of servicemen for failure to comply with the order will strike a terrible blow to the combat capability of the Ukrainian army, will not be performed and will lead to the failure of work with personnel during the war.

The adoption of the bill represented by the Ministry of Defense of Ukraine in the person of Minister Oleksiy Reznikov and personally the head of the General Staff of the Armed Forces Sergey Shaptala, and for which the majority of the Verkhovna Rada of Ukraine voted - will strike a terrible blow to the combat capability of the army. Certificate. Bill No.

8271 "On Amendments to the Criminal Code of Ukraine, the Code of Administrative Offenses and other legislative acts of Ukraine on the peculiarities of military service in martial law or in combat circumstances" voted by the Verkhovna Rada of Ukraine and sent for signature to the President.

The document proposes amendments to Articles 69 and 75 of the Criminal Code of Ukraine on "eliminating the possibility of imposing a softer punishment for military personnel than provided by law and dismissal from serving a sentence of testing"; The level of sanctions for the commission of military administrative offenses is increasing. On December 15, a petition was published with a request to President Vladimir Zelensky.

In a day, it has already gained more than 25,000 votes (if necessary for consideration 25,000). The worst part is that the experience of the Military Law Enforcement Service (VSP) is fully ignored from 2014 to 2022, in particular in the first months of a full -scale invasion. President of Ukraine Volodymyr Zelensky can in no way be signed. I hope he will find time to read the arguments and correct this false decision of the Verkhovna Rada. Proposed by the draft law for military personnel.

- punishment from three to 12 years in prison. 2. According to the Administrative Code: for abuse of power, excess of authority, negligent attitude to service, inaction, violation of the rules of combat duty, violation of the rules of weapons, alcohol, drugs, damage non -taxable minimums or a guardhouse up to 15 days. Key issues that the draft law should be resolved in accordance with Text 1. Unauthorized abandoning combat positions, failure to comply with orders in battle. 2.

Dertying or evasion of service, which leads to a mass inconsistency of staffing and actual combat composition. 3. Violation of discipline and loss of property and weapons, for which there is no adequate liability and a quick mechanism of recovery. 4. Accrual of combat payments to offenders and deserters, thousands of refusals receive 100,000 combat payments. I must note that these questions are really critical and are urgently necessary to solve them.

Why the bill is harmful to the Armed Forces and will not work for certain purposes 1. During mass mobilization, when many servicemen do not have minimal training and competent commanders, these violations of military discipline do thousands of servicemen, and the vast majority for objective reasons. Most of the violators who showed weakness or victims of circumstances can come under court and leave the front, although they could fight if someone had studied their problems.

In March-May in the North (Commander-General Dmitry Krasylnikov), there were more than 1000 "refusals", but after analyzing the situation, Krasilnikov set the Luhansk region with the task of working with people, as a result They returned to the system, out of 1000 violators under court only 10, they were declared truly unscrupulous. 2. Who will investigate and make sentences against thousands of difficult criminal cases. The authorities did not think that there was no . . . military justice in Ukraine.

We do not have military courts. The Military Law Enforcement Service does not have police authority. Armed servicemen should also be investigated at the front during active fighting against armed people, as they need to actually become active participants in hostilities, constantly risk their lives, and go to combat positions. And how else to establish facts? The State Bureau of Investigation and OGPU now simply do not have such functions and such powers.

Without specialized military courts, the sentences will hang for a long time, and civil courts will justify many of those who want to punish with new law, as the investigation will not be able to work out this shaft of crime. 3.

The Armed Forces does not have a system of postoperative analysis by NATO standard, that is, qualitative and rapid examination of team decisions, and therefore determine what events are due to the actions of the enemy, and which are caused by criminal intentions, in most cases it is simply impossible.

In such circumstances, the responsibility for violation of orders will significantly increase the number of lies in the assessment of circumstances and reduce responsibility, because now stupid orders can be covered by a criminal case, and distortion of data can be explained by comrades the desire to save personnel from an undeserved punishment. 4.

The main problem of the commanders of the Armed Forces is not the presence of criminal punishment for violators of discipline and "refusals", but the inability to quickly get rid of the unit. The authors of the law did not pay attention to this key moment. Because until the sentence does not come into force, all these violators will continue to be reckoned with part and can also return in the case of justification. That is, the commanders and teams do not remove the main burden. What to do 1.

It is necessary to create a full military justice-the VSP must receive the powers of military police, the military courts and the military prosecutor's office and investigation (from servicemen) must be created, as it was in 2014-2019. 2. Before mobilized unprepared people, they must be sent to the filtration unit for inquiry, in most cases, after the analysis of the punishment situation.

And for malicious violators it is necessary to create disciplinary units at the front, so that those who really betray their comrades do not stay in the rear in the camera, but be on the front and were engaged in hard work, such as the construction . 3. Introduce at the Armed Forces "After Action Review"-postoperative analysis, according to the standard TS25-20 Army of the United States. In the army, trust should be built, commanders should be taught from mistakes, not punish for anything.

Criminal cases should be initiated only if the postoperative analysis and the conclusions of the participants of the operation indicate the criminal nature of the actions of certain servicemen. Because a large number of inexperienced or commanders who do not meet their positions are no less threat than failure to comply with their orders. 4. Simplify the procedures for deduction and transfer of servicemen from the unit to the filtration unit by order of the commander.

During the investigation period, the serviceman is deprived of all additional payments that should be offset if there is no guilt and he is returned to the system. If a criminal case is initiated, the serviceman is deprived of all payments. 5. Any punishment will not be able to make the army capable if an intensive combat training system is not immediately introduced: at least eight weeks for a soldier and four weeks-for a sergeant.

It is unacceptable that the state tries to punish criminal terms at 12 years of citizens, but at the same time is not capable of providing even two weeks of initial military training for a large part of the mobilized. Fighting is not prison, trust, brotherhood and leadership. If Zelensky signs this dangerous bill, it will not just not be implemented, on the contrary, it will enhance the lies in the reporting and sharply reduce the control and organization of troops.

But the law on strengthening the discipline is urgently needed, so it is necessary to pass a more perfect law immediately after its veto. If the issue of strengthening discipline in the army is really interested in someone in the leadership of the country, and this is not another show, ready in more detail and with examples to report this situation in any office to avoid repetition of such mistakes.