The Criminal Court of Cassation of the Supreme Court ruled that for a citizen called up for military service during mobilization, the beginning of military service is the day of departure to the military unit from the territorial center for recruitment and social support (TCC and SS), and not the moment of taking the military oath.
This is reported by the Criminal Code of the Supreme Court, according to UNN. This conclusion was made based on the results of consideration of case No. 233/2667/23.
Details
In it, the serviceman was found guilty under Part 4 of Article 402 of the Criminal Code of Ukraine for refusing to comply with a combat order from his commander. He was ordered to report to equip engineering structures and prepare reserve firing positions on the second line of defense. However, the soldier refused, which could have led to a breakthrough of the Ukrainian defenders' positions.
In the cassation appeal, the defense argued that the defendant had every legal reason not to comply with the commander's order, as he had not taken an oath, had not received proper military training, and had been illegally mobilized
The Supreme Court upheld the decisions of the lower courts. It emphasized that the defendant himself refused to take the oath, which undermines the army's combat readiness and its authority.
In addition, the soldier did not comply with the order to receive weapons and undergo training, and the lack of training was caused by his own actions.
The court referred to Article 24 of the Law of Ukraine “On Military Duty and Military Service”, which does not link the taking of the oath to the beginning of military service. Therefore, for a mobilized person, military service begins from the moment of deployment to a military unit.
Recall
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