To war without preparation: advocacy for a lawyer for mobilized Ukrainians without military experience

As a person without combat experience was on the front line, the Ternopil troops could not answer. At the same time, at the end of February, a bill was registered in the Verkhovna Rada, which proposes to direct to the war zone and to allow people to perform combat missions without combat experience only after 3 months of preparation in the relevant military-accounting specialty. But by this time the bill has not been approved.

Today, the former norms are in force: the minimum basic general military training of the military without combat experience in training centers lasts a month. If the serviceman is appointed in more complex specialties, additional training can take another 30-45 days. The total recruitment can be in training centers for more than two months. The focus asked lawyer Dmitry Matviychuk what to do a soldier if he was sent to battle earlier in a certain time.

"Mobilized citizens who have not passed military service must be trained before reference to the front, in accordance with Article 29 of the Law of Ukraine" On Military Duty and Military Service ". If you have been sent to the forefront without the skills of ownership of weapons and preparation About it on the phones of the Ministry of Defense hotline, ”says Dmitry Matviychuk, the head of the law firm. Hotline numbers of the Ministry of Defense: 0-800-500-410, 0-800-500-442 and 044-454-44-99.

In order to promptly understand and take action, the mobilized must notify its name, the number of the military unit to which it was sent, as well as which territorial center of completion and social support (TCC and JV). "In the event that this does not help, you need to write a report to the commander of their military unit or commander of the staffing center to be sent for training.

If not sent - contact the military service of law enforcement, military prosecutor's office, General Staff and the Ministry of Defense, guided by Article 425 The Criminal Code of Ukraine "Careless Attitude to Military Service", - says the lawyer. Also, according to Matviychuk, if the mobilized is sent to the front in a specific specialty, but without proper training, he has the right to refuse to execute a criminal order.

" He underwent special training with explosives, and he was ordered to replace the site. Such an order is considered criminal, so you can refuse to execute it. Next, the court will decide whether the crime is. If done correctly, you can avoid criminal liability. To do this, it is necessary to formally inform the impossibility of execution of the order, find witnesses and submit a report, " - says the lawyer. Recall that Focus wrote earlier if the military enlistment office was called by the phone.

According to the expert, the summons should be handed out only must confirm the fact of receipt by signing on it. If the summons is sent through SMS or informed of its delivery by phone, it is impossible to draw up an act of refusal to obtain a summons. Also, on May 30, the Verkhovna Rada adopted a law on reducing the conscript age from 27 to 25 years. According to the lawyer, the next step in mobilization may be the abolition of certain types of delay from service.