Article 401. Definition of a military offense
1. Military offenses are the offenses created
by this Chapter and committed by military
servants, and also registrants during their
training (or checkup) or special sessions,
in violation of the established procedure
of military service.
2. Appropriate articles of this Chapter establish
the liability of members of the Armed Forces
of Ukraine, the Security Service of Ukraine,
the Border Troops of Ukraine, Internal Troops
of the Ministry of Internal Affairs of Ukraine,
and other military formations established
in compliance with the laws of Ukraine, and
also other persons specified in the law.
3. Persons not specified in this Article shall
be criminally liable for complicity in military
offenses under appropriate articles of this
Chapter.
4. Persons, who committed a criminal offense
created by this Chapter, may be discharged
from criminal liability under Article 42 of
this Code subject to imposition of measures
provided for by the Disciplinary Statute of
the Armed Forces of Ukraine.
Article 402. Disobedience
1. Disobedience, that is an open refusal to
comply with orders of a commander, and also
any other willful failure to comply with orders,
-
shall be punishable by service restrictions
for a term up to two years, or custody in
a penal battalion for a term up to two years,
or imprisonment for a term up to three years.
2. The same acts committed by a group of persons,
or where they caused any grave consequences,
-
shall be punishable by imprisonment for a
term of three to seven years.
3. Disobedience committed in state of martial
law or in a battle, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 403. Failure to comply with orders
1. Failure to comply with orders of a commander
upon absence of elements specified in paragraph
1 of Article 402 of this Code, where it caused
any grave consequences, -
shall be punishable by service restrictions
for a term up to two years, or custody in
a penal battalion for a term up to one year,
or imprisonment for a term up to two years.
2. The same acts committed in state of martial
law or in a battle, -
shall be punishable by imprisonment for a
term of three to seven years.
Article 404. Resistance to a commander or
coercion of a commander into breaching the
official duties
1. Resistance to a commander or any other
person acting in discharge of military service
duties, or coercion of these persons into
breaching their duties, -
shall be punishable by service restrictions
for a term up to two years, or detention in
a disciplinary battalion for a term up to
two years, or imprisonment for a term of two
to five years.
2. The same acts committed by a group of persons,
or with the use of weapons, or where they
caused any grave consequences, -
shall be punishable by imprisonment for a
term of three to eight years.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, if they were committed
in state of martial law or in a battle, -
shall be punishable by imprisonment for a
term of three to twelve years.
4. Any such acts as provided for by paragraph
2 or 3 of this Article, if they involved murder
of a commander or any other person acting
in discharge of military service duties, -
shall be punishable by imprisonment for a
term of ten to fifteen years, or life imprisonment.
Article 405. Threats or violence against
a commander
1. Threats of murder, or causing bodily injury
to or battery of a commander, or threats of
destruction of his/her property in connection
with his military service duties, -
shall be punishable by custody in a penal
battalion for a term up to two years, or imprisonment
for the same term.
2. Bodily injury, battery or any other violent
acts in respect of a commander in connection
with his/her military service duties, -
shall be punishable by imprisonment for a
term of two to seven years.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, if committed by a
group of persons, or with the use of weapons,
or in state of martial law or in a battle,
-
they are punishable by imprisonment for a
term of five to fifteen years.
Article 406. Violation of statutory rules
of conduct of military servants not subordinated
to each other
1. Violation of statutory rules of conduct
of military servants not subordinated to each
other, involving battery or any other violence,
-
shall be punishable by arrest for a term up
to six months, or custody in a penal battalion
for a term up to one year, or imprisonment
for a term up to three years.
2. The same act committed in respect of a
several persons, or where it caused minor
or medium grave bodily injury, or involved
humiliation or debasement of a military serviceman,
-
shall be punishable by custody in a penal
battalion for a term up to two years, or imprisonment
for a term of two to five years.
3. Any such acts as provided for in paragraph
1 or 2 of this Article, if committed by a
group of persons, or with the use of weapons,
or where they caused any grave consequences,
-
shall be punishable by imprisonment for a
term of three to ten years.
Article 407. Absence without leave from
a military unit or place of service
1. Absence of an active military serviceman
from a military unit or place of service without
leave, or failure to timely report for duty
without a reasonable excuse after a leave,
or upon appointment or reassignment, or failure
to report for duty after a detached service,
vacation or treatment in a medical facility
for more than three days but less than one
month, -
shall be punishable by custody in a penal
battalion for a term up to two years, or imprisonment
for a term up to three years.
2. Absence of a military serviceman (other
than in active service) from a military unit
or place of service without leave, or failure
to timely report for duty without a reasonable
excuse for more than ten days but less than
one month, or for less than ten days but more
than three days if repeated during one year,
-
shall be punishable by a fine of 100 tax-free
minimum incomes or service restrictions for
a term up to two years, or imprisonment for
a term up to three years.
3. Absence of persons specified in paragraph
1 and 2 of this Article from a military unit
or place of service without leave, or failure
to timely report for duty without a reasonable
excuse for more than one month, -
shall be punishable by imprisonment for a
term of two to five years.
4. Absence from a military unit or place of
service without leave, or failure to timely
report for duty without a reasonable excuse
in state of martial law or in a battle, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 408. Desertion
1. Desertion, that is the absence from a military
unit or place of duty without leave for the
purpose of avoiding the military service,
or failure to report for duty upon appointment
or reassignment, after a detached service,
vacation or treatment in a medical facility
for the same purpose, -
shall be punishable by imprisonment for a
term of two to five years.
2. Desertion with weapons or of a group of
persons upon their prior conspiracy, -
shall be punishable by imprisonment for a
term of five to ten years.
3. Any such act as provided for by paragraph
1 or 2 of this Article, if committed in state
of martial law or in a battle, -
shall be punishable by imprisonment for a
term of five to twelve years.
Article 409. Evasion of military service
by way of self-maiming or otherwise
1. Evasion of military service by a military
serviceman by way of self-maiming or
malingering, or forgery of documents, or any
other deceit, -
shall be punishable by custody in a penal
battalion for a term up to two years, or imprisonment
for the same term.
2. Refusal to comply with the duties of military
service, -
shall be punishable by imprisonment for a
term of two to five years.
3. Any such acts as provided for by paragraph
1 or 2, if committed in state of martial law
or in a battle, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 410. Stealing, appropriation, extortion
or fraudulent obtaining of weapons, ammunitions,
explosive or other warfare substances, vehicles,
military or special enginery, or abuse of
office, by a military serviceman
1. Stealing, appropriation, extortion or fraudulent
obtaining of weapons, ammunitions, explosive
or other warfare substances, vehicles, military
or special enginery by a military serviceman,
-
shall be punishable by imprisonment for a
term of three to eight years.
2. The same actions committed by a military
official with the abuse of office, or repeated,
or
committed by a group of persons upon their
prior conspiracy, or where they causes any
significant damage, -
shall be punishable by imprisonment for a
term of five to ten years.
3. Any such actions as provided for by paragraph
1 or 2 of this Article, if committed in state
of martial law or in a battle, brigandism
for the purpose of taking possession of weapons,
ammunitions, explosive or other warfare substances,
vehicles, military or special enginery, and
also extortion of these items accompanied
with violence dangerous to the victim's life
and health, -
shall be punishable by imprisonment for a
term of ten to fifteen years.
Article 411. Willful destruction or engdamagement
of munitions
1. Willful destruction or endamagement of
weapons, ammunitions, vehicles, military or
special enginery or any other munitions, -
shall be punishable by service restrictions
for a term up to two years, or custody in
a penal battalion for the same term, or imprisonment
for a term up to three years.
2. The same actions committed by setting a
fire or any other generally dangerous method,
or where they caused death of people or any
other grave consequences, -
shall be punishable by imprisonment for a
term of three to eight years.
3. Any such acts as provided for by paragraph
2 of this Article, if committed in state of
martial law or in a battle, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 412. Negligent destruction or endamagement
of munitions
1. Negligent destruction or endamagement of
weapons, ammunitions, vehicles, military or
special enginery or any other munitions, where
it causes damage of gross amount, -
shall be punishable by a fine up to fifty
tax-free minimum incomes, or service restrictions
for a term up to two years, or custody in
a penal battalion for a term up to one year.
2. The same acts that caused death of people
or any other grave consequences, -
shall be punishable by custody in a penal
battalion for a term up to two years, or imprisonment
for a term up to tree years.
Article 413. Waste or loss of munitions
1. Sale, pledge or giving for use - by a military
servant in active service - of articles of
uniform or outfit provided to him/her for
his/her personal use (waste), and also loss
or destruction of these articles due to violation
of safekeeping regulations, -
shall be punishable by arrest for a term up
to six months, or custody in a penal battalion
for a term up to two years.
2. Loss or destruction of weapons, ammunitions,
vehicles, materiel or any other munitions
provided for official use, due to violation
of safekeeping regulations, -
shall be punishable by arrest for a term up
to six months, or custody in a penal battalion
for a term up to two years, or imprisonment
for the same term.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, if committed in state
of martial law or in a battle, -
shall be punishable by imprisonment for a
term of two to five years.
Article 414. Violation of rules related
to handling of weapons, and also substances
and objects of increased danger to the surroundings
1. Violation of rules on handling of weapons,
ammunitions, explosive, radioactive and other
substances and objects of increased danger
to the surroundings, where it caused bodily
injuries to the victim, -
shall be punishable by service restrictions
for a term up to two years, or custody in
a penal battalion for the same term, or imprisonment
for a term up to three years.
2. The same act that caused bodily injuries
to several persons or death of the victim,
-
shall be punishable by imprisonment for a
term of two to ten years.
3. Any such act as provided by paragraph 1,
where it caused death to several persons or
any other grave consequences, -
shall be punishable by imprisonment for a
term of three to twelve years.
Article 415. Violation of rules related
to driving or vehicle operation
1. Violation of rules related to driving or
operation of warfare, special or transport
vehicles, where it caused medium grave or
grave bodily injuries or death of a victim,
-
shall be punishable by imprisonment for a
term of two to five years.
2. Any such act as provided for by paragraph
1 of this Article, where it caused death of
several persons, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 416. Violation of rules related
to flights or flight training
Violation of rules related to flights or flight
training, and also violation of rules of aircraft
operation, which caused a crash or any other
grave consequences, -
shall be punishable by imprisonment for a
term of five to fifteen years.
Article 417. Violation of navigation rules
Violation of rules of navigation that caused
death of people, loss of a ship or any other
grave consequences, -
shall be punishable by imprisonment for a
term of five to fifteen years.
Article 418. Violation of statutory rules
of guard or patrol duty
1. Violation of statutory rules of guard or
patrol duty, where it resulted in grave consequences
which should have been prevented by such guard
or patrol duty, -
shall be punishable by restraint of liberty
for a term of two to five years, or imprisonment
for the same term.
2. Any such acts as provided for by paragraph
1 of this Article, if committed in state of
martial law or in a battle, -
shall be punishable by imprisonment for a
term of three to eight years.
Article 419. Violation of statutory rules
of border guard duty
1. Violation of statutory rules of border
guard duty by a member of a unit guarding
the border of Ukraine, -
shall be punishable by custody in a penal
battalion for a term up to two years, or imprisonment
for a term up to three years.
2. Any such acts as provided for by paragraph
1 of this Article, if they caused any grave
consequences, -
shall be punishable by imprisonment for a
term of three to eight years.
Article 420. Violation of statutory rules
of alert duty
1. Violation of statutory rules of alert duty
established for timely detection and repelling
of an sudden attack on Ukraine or for the
protection and security of Ukraine, -
shall be punishable by imprisonment for a
term up to three years.
2. Any such act as provided for by paragraph
1 of this Article, if it caused any grave
consequences, -
shall be punishable by imprisonment for a
term of three to eight years.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, if committed in state
of martial law or in a battle, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 421. Violation of statutory rules
of routine duty
1 Violation of statutory rules of routine
duty by a person who was on daily duty (other
than on guard or watch duty) in a military
unit, where it caused any grave consequences,
prevention of which was a part of that person's
duty, -
shall be punishable by custody in a penal
battalion for a term up to two years, or imprisonment
for a term up to three years.
2. The same act committed in state of martial
law or in a battle, -
shall be punishable by imprisonment for a
term up to five years.
Article 422. Disclosure of military information
that constitutes state secret or loss of documents
or material that contain any such information
1. Disclosure of military information that
constitutes state secret, where no elements
of high treason are involved, -
shall be punishable by imprisonment for a
term of two to five years.
2. Loss of documents or material that contain
military information that constitutes state
secret or loss of things, the information
on which constitutes state secret, by a person
to whom they were entrusted, where the loss
happens as a result of violation of rules
related to handling of any such documents,
material or things, -
shall be punishable by imprisonment for a
term of two to five years.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, if they caused any
grave consequences, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 423. Abuse of authority or official
position by a military official
1. Unlawful use of vehicles, buildings or
other munitions, unlawful use of a subordinate
to provide personal services or services to
other persons, and any other abuse of authority
or official position committed for selfish
motives or any other personal interest or
interest of any third persons, where it caused
any significant damage, -
shall be punishable by a fine of fifty to
one hundred tax free minimum incomes, or service
restrictions for a term up to two years, or
imprisonment for a term up to three years.
2. The same act that caused any grave consequences,
-
shall be punishable by imprisonment for a
term of three to eight years.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, if committed in state
of martial law or in a battle, -
shall be punishable by imprisonment for a
term of five to twelve years.
Note:
(1) Military officials shall mean any military
commanders and any other military servants
who occupy, permanently or temporary, positions
related to administrative or managerial functions,
or are commissioned to perform any such duties
by the command authority.
(2) In Articles 423 to 426 of this Code, the
significant damage shall mean the damage that
equals or exceeds 250 tax-free minimum incomes,
provided the damage implies material losses,
while the grave consequences under the same
condition shall mean the damage that equals
or exceeds 500 tax-free minimum incomes.
Article 424. Excess of authority or official
powers by a military official
1. Excess of authority or official powers
by a military official, that is willful actions
that manifestly exceed the scope of rights
or authority vested in this person - except
those provided for in paragraph 2 of this
Article - where these acts cause any significant
damage, -
shall be punishable by restraint of liberty
for a term of two to five years, or imprisonment
for the same term.
2. Use of non-statutory measures of influence
in respect of a subordinate or excess of disciplinary
authority that caused any significant damage,
and also violence in respect of a subordinate,
-
shall be punishable by imprisonment or three
to seven years.
3. Any such acts as provided by paragraph
2 of this Article, if committed with the use
of weapons, and also the act envisaged by
paragraphs 1 or 2 of this Article, if it caused
any grave consequences, -
shall be punishable by imprisonment for a
term of five to ten years.
4. Any such acts as provided for by paragraphs
1, 2 or 3 of this Article, if committed in
state of martial law or in a battle, -
shall be punishable by imprisonment for a
term of eight to twelve years.
Article 425. Neglect of duty in military
service
1. Neglect of duty in military service that
caused any significant damage, -
shall be punishable by a fine up to 100 tax-free
minimum incomes, or service restrictions for
a term up to two years, or imprisonment for
a term of three years.
2. The same act that caused any grave consequences,
-
shall be punishable by imprisonment for a
term of three to seven years.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, if committed in state
of martial law or in a battle, -
shall be punishable by imprisonment for a
term of five to eight years.
Article 426. Omissions of military authorities
1. Willful failure to prevent a crime committed
by a subordinate, or failure of a military
inquiry authorities to institute a criminal
case against a subordinate offender, and also
willful failure of a military official to
act in accordance with his/her official duties,
if it caused any significant damage, -
shall be punishable by a fine of 50 to 200
tax-free minimum incomes, or service restrictions
for a term up to two years, or imprisonment
for a term up to three years.
2. The same acts that caused any grave consequences,
-
is punishable by the imprisonment for a term
of three to seven years.
3. Any such acts as provided by paragraph
1 or 2 of this Article, if committed in state
of martial law or in a battle, -
shall be punishable by imprisonment for a
term of seven to ten years.
Article 427. Surrender or abandoning of
means of war to an enemy
Surrender of military forces to the enemy
by a commander, to whom they were entrusted,
and also abandoning of fortifications, military
or special enginery or any other means of
war to the enemy not justified by the battle
conditions, where it was done with no intent
to aid the enemy, -
shall be punishable by imprisonment for a
term of three to ten years.
Article 428. Abandoning of a perishing ship
of war
1. Abandoning of a perishing ship of war by
a commander who has not fully discharged his/her
duties or by a member of the crew without
the commander's appropriate order, -
shall be punishable by imprisonment for a
term of three to eight years.
2. The same act committed in state of martial
law or in a battle, -
shall be punishable by imprisonment for a
term of seven to ten years.
Article 429. Unauthorized leaving of a battlefield
or refusal to use weapons
Unauthorized leaving of a battlefield during
a battle or refusal to use weapons in a battle,
-
shall be punishable by imprisonment for a
term of five to ten years.
Article 430. Voluntary rendering oneself
prisoner of war
Voluntarily rendering oneself prisoner of
war due to cowardice and pusillanimity, -
shall be punishable by imprisonment for a
term of seven to ten years.
Article 431. Criminal actions of a prisoner
of war
1. Voluntarily participation of a prisoner
of war in any works of military importance
or any other activities that may detrimental
to Ukraine or its allies, where it involves
no elements of high treason, -
shall be punishable by imprisonment for a
term of three to seven years.
2. Violence or cruelty of a senior prisoner
of war in respect of other prisoners of war,
-
shall be punishable by imprisonment for a
term of five to ten years.
3. Actions taken by prisoner of war to the
detriment of other prisoners of war for selfish
motives or to win indulgent treatment of the
enemy, -
shall be punishable by imprisonment for a
term up to three years.
Article 432. Marauding
Stealing things of the killed or wounded persons
at a battlefield (marauding), -
shall be punishable by imprisonment for a
term of three to ten years.
Article 433. Violence against population
in an operational zone
1. Violence, unlawful destruction or taking
of property under the pretext of military
necessity, which were committed in respect
of population in an operational zone, -
shall be punishable by imprisonment for a
term of three to eight years.
2. Brigandism committed in respect of local
population in an operational zone, -
shall be punishable by imprisonment for a
term of seven to ten years.
Article 434. Ill treatment of prisoners
of war
Repeatedly ill treatment of prisoners of war,
or any such treatment combined with exceptional
cruelty or committed in respect of sick or
wounded persons, and also negligent performance
of duty in respect of sick or wounded persons
by persons required to provide medical treatment
and care to them, where it involved no elements
of a more grave criminal offense, -
shall be punishable by imprisonment for a
term up to three years.
Article 435. Unlawful use or misuse of the
Red Cross and Red Crescent symbols
Carrying the Red Cross and Red Crescent symbols
in an operational zone by persons not entitled
to do so, and also misuse of flags or signs
of the Red Cross and Red Crescent or the colors
attributed to medical vehicles in state of
martial law, -
shall be punishable by imprisonment for a
term up to two years.
