Volodymyr Orlovskiy, lawyer of Kherson Regional Charity and Health Foundation
The problem of enforcing the law and preventing corruption in the Armed Forces has not been losing its relevance for a year both among the volunteers who help the army and soldiers and junior officers. Therefore, it is very important not only to tell about these facts to friends, but to do one’s best to bring the perpetrators to justice. Legal procedures briefly described in the article will help initiate an official investigation.
After identification of the facts about the theft or damage of military property, the spending of disapproved funds, the abuses in the military supply chains, deficiencies in the condition of arms and military equipment and other facts that harm the Armed Forces of Ukraine, soldiers must act in accordance with Article 115 of the Law of Ukraine “On Disciplinary Statute of the Armed Forces of Ukraine”. In particular, they should report directly to the commander, and also they may send a written statement to the senior commander, the Minister of Defense of Ukraine or the military authorities, law enforcement authorities, pre-trial investigation bodies, the Prosecutor's Office and other state agencies.
Choosing one of these options one should be aware that the report to the commander on violations identified is not an unconditional basis for the beginning of a pre-trial investigation. Therefore, a soldier, a family member, a volunteer or any other person who knew about the crime or corruption has the right either orally or in writing to inform the Prosecutor's Office, the Security Service or the police. These agencies have the authority to conduct an official investigation and in the case of reporting a crime are legally obliged to do so.
How to report verbally a crime?
The report or statement about the crime can be verbal or written. The verbal report can be submitted to the prosecuting authorities, the Security Service or the Ministry of Internal Affairs in person, dialing 102 or phone numbers of active-duty units, which are posted on the web sites of the regional departments of the MIA to this link.
Information about a crime or other offence, which came over phone from 102 is transmitted to the relevant offices of the Ministry of Internal Affairs and is registered in the daily crime log. The duty inspector of the police station shall immediately dispatch an investigative team, a rapid response team, a local police inspector, other outfits or individual officers to the scene.
Having been received a verbal or written statement about the crime the duty inspector registers it, gives the complainant a reference number that confirms the registration, and executes a process-verbal. The complainant is also warned that making intentionally false statement about the crime can lead to criminal liability.
The police that received the statement about the crime may not refuse its acceptance for registration even if it has no authority to conduct pre-trial investigation. In this case, after entering the information about the crime in the Unified Register of Pre-trial Investigations criminal performance is transferred to the proper authority.
How to report a crime in writing?
The written report about the crime should be submitted personally to the Prosecutor, the police or the Security Service of Ukraine or sent by registered mail. In the latter case the complainant receives a reference number and the duty inspector executes the process-verbal of the receipt of the complaint. The confirmation of the receipt of the complaint by mail is a notice of the postal item or receipt. These documents will help prove in court the illegality of the investigator’s or Prosecutor’s inaction in case of their refusal to enter information about the crime in the Unified Register of Pre-trial Investigations.
One can send the information about the crime via the telegraph, facsimile or other forms of communication. Using these methods, you should ensure there is documentary evidence of the receipt by the police or the Prosecutor's Office of the sent message about the crime. The lack of evidence will complicate the court appeal of possible inaction of these bodies.
When submitting the report on crime to the Security Service, the complainant is entitled to receive a document that confirms its receipt and registration. The victim is given a booklet of his rights and obligations.
Anonymous reports are not taken into consideration, but by decision of the head of the Internal Affairs Agencies they can be used in solving crimes.
In what cases one should contact the Security Service of Ukraine?
In some cases information about a crime must be submitted to the organs of the Security Service of Ukraine. This is necessary when the crimes against national security (high treason, espionage, sabotage, etc.), smuggling (including weapons and drugs), violation of order of entry into the temporarily occupied territory of Ukraine and exit, illegal transportation of a person across the state border of Ukraine, disclosure of state secrets, loss of documents containing state secrets, violations of the laws or customs of war, weapons of mass destruction, encroachment upon the life of the representative of a foreign state, crimes committed against internationally protected persons and institutions, mercenary and some other crimes.
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Iullia Manukian Wednesday, 23 March 2016 15:23 Comment Link Report
Thank you for your interest in our article. We will be glad to receive your suggestions and opinions. You can bring them out in your comments to articles or to send them via e-mail of the author of this article – the lawyer of the Legal Space website Vladimir Orlovsky firstname.lastname@example.org Or write to him on Facebook https://www.facebook.com/VolodymyrOrlovsky
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