20:30 15.03.2022

Rada envisages combat immunity for military command, military personnel, territorial defense, law enforcement officers

2 min read
Rada envisages combat immunity for military command, military personnel, territorial defense, law enforcement officers

The Verkhovna Rada has endorsed the legal protection of the military command, military personnel, territorial defense fighters and law enforcement officers under martial law.

The adoption of bill No. 7145 was supported by 344 MPs at the plenary session on Tuesday.

The law defines that combat immunity is the release of the military command, military personnel, volunteers of the territorial defense forces of the Armed Forces of Ukraine, law enforcement officers who participate in the defense of Ukraine, from liability, including criminal liability, for the loss of personnel, military equipment or other military property, the consequences the use of armed force during the repulse of aggression against Ukraine.

So, a criminal offense is not an action committed in a state of martial law or during an armed conflict and aimed at repelling and deterring the armed aggression of the Russian Federation, if this caused harm to the life and health of the person who encroaches, in the absence of signs of torture and violations of the rules of war or the use of armed force as defined by international treaties.

The document provides that Ukrainian defenders will not be held criminally liable for the use of weapons, ammunition or explosives against property and persons carrying out armed aggression against Ukraine, if their use occurred in accordance with the requirements of the law.

In addition, under martial law, politicians, civil servants, officials and heads of public sector entities are exempted from criminal liability for decisions whose negative consequences cannot be foreseen or the risk of which is justified, provided that such actions are necessary to repel armed aggression against Ukraine.

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