Saturday, July 9, 2022

Judicial review of commanders' decisions barred under Ukrainian martial law and in combat situations

The Ukrainian Rada has passed a law that exempts commanders' decisions under martial law or in combat situations from judicial review. Details here. Ukrainian News reports:

"Failure to comply with an order or disobedience of a soldier to an order of a commander (chief), committed in martial law or in a combat situation, can entail not only grave consequences, but also causing death to military personnel or other persons and the civilian population, their capture, or even causing damage to the national interests of Ukraine," the explanatory note says.

Therefore, Article 151 of the Code of Administrative Procedure of Ukraine is supplemented, which, among other things, contains a list of cases when the court cannot suspend the decision.

This list is supplemented by a clause stating that it is not allowed to secure a claim by suspending an order from a commander (chief) given to a serviceman under martial law or in a combat situation.

According to the explanatory note, the purpose of the bill is to ensure the unconditional execution by military personnel of the lawful orders of commanders (chiefs) given under martial law or a combat situation.

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