For a citizen who is called up for military service during mobilization, during a special period the beginning of military service is the day of departure to a military unit from the corresponding shopping center and joint venture, and not the fact of the adoption of a military oath.
This conclusion was made by the Cassation Criminal Court as a result of the Supreme Court as a result of case No. 233/2667/23, the press service of the Supreme Court reports.
It is noted that in the mentioned criminal process, the courts of the previous copy were found guilty and sentenced in accordance with part 4 of art. 402 of the Criminal Code of a soldier who refused to fulfill the combat order of the commander on the arrival for the equipment of engineering structures and the preparation of spare fire positions at the point of support for the platoon on the second line of defense, which may lead to a breakthrough of Russian military personnel in this area of defense.
In the complaint about the cassation, she approved that the accused had all the legal grounds not to obey the commander, since he did not adhere to the oath, did not receive proper military training and was illegally mobilized, the message said.
It is noted that the Supreme Court left the unchanging courts of the previous copy, since the official investigation established that the soldier categorically refused to accept the oaths in general.
The absence of proper military training on the accused is due to his behavior, attitude to military service, and not the desire to pass it, because he did not fulfill the order to receive weapons and go to the training ground for dismissal, – said – said in the Supreme Court.
The Supreme Court emphasizes that, given the recipes of art. 24 of the Law of Ukraine “On Military Service and Military Service”, the law is not connected by the fact that adheres to a military oath with the beginning of military service.
The accused regarding a citizen calling for military service during mobilization, during a special period, the start of military service is the day of departure to a military unit from the corresponding district (city) territorial center of acquisition and social support, ”said the Supreme Court.
Source: Racurs
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