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of August 20, 2024 No. 3902-IX
About introduction of amendments to the Criminal code of Ukraine, the Criminal Procedure Code of Ukraine and other laws of Ukraine concerning enhancement of criminal liability for crimes against established procedure of execution or passing of military service during action of warlike situation
The Verkhovna Rada of Ukraine decides:
I. Make changes to such legal acts of Ukraine:
1. Article 401 of the Criminal code of Ukraine (2001, Art. No. 25-26, 131) to add sheets of the Verkhovna Rada of Ukraine with part five of the following content:
"5. Person who during action of warlike situation for the first time made the criminal offense provided by Articles 407, of the 408th of this Code can be exempted from criminal liability according to the procedure, provided by the Penal procedural legislation of Ukraine if it voluntarily addressed with the petition the investigator, to the prosecutor, about intention to return to this or other military unit or to the duty station for continuation of passing of military service and in the presence of the written consent of the commander (chief) of military unit (organization) to continuation of passing by such person of military service".
2. In the Criminal Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2013, Art. No. No. 9-13, 88):
Part the second Article 286 to add 1) with the paragraph the second the following content:
"In case of availability of the basis for release from the criminal liability provided by part five of article 401 of the Criminal code of Ukraine, the prosecutor or court shall receive also written consent of the commander (chief) of military unit (organization) about possibility of continuation of passing of military service by such suspect or person accused";
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