How servicemen are checked for alcohol and drugs (Photo: facebook.com/GeneralStaff.ua)
Ukrainian military during martial law, they want to test alcohol and mind-altering drugs, even on vacation and at home.
The Verkhovna Rada adopted a new bill on alcohol and drug control of servicemen without changes after the first reading. It has already been signed by the chairman of the Verkhovna Rada. Bill On amendments to the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses and other legislative acts of Ukraine On the specifics of performing military service under martial law or in a combat situation 8271 of the
«The goal of the bill is to harmonize the current legislation between the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses on liability for crimes that military personnel may commit during military service under the law martial or in a combat situation. ” says the explanatory note.
In particular, Article 266(1) deals with testing the military for intoxication. Article 172 (20) of the Code of Ukraine on administrative offenses – punishment for being in a drunken state
Who can be tested
- persons responsible for military service and reservists during training camps;
- military personnel;
They are tested for the state of alcoholic, narcotic or other intoxication or for being under the influence of drugs that reduce their alertness and reaction speed.
It can be started if there is a suspicion that a person is in a state due to taking substances that affect attention and reaction speed.
Where and who can check
Article 266 ( 1) powers are granted to the Military Law Enforcement Service in the Armed Forces of Ukraine to carry out inspections by authorized officers of military, persons responsible for military service and reservists during training under alcoholic, narcotic or other intoxication type using technical means and tests.
If the army is in the unit or when performing military duties, it is carried out by an official authorized by the head of the management body of the military law enforcement service in the Armed Forces of Ukraine or by the commander (head) of a military unit (institutions, organizations, enterprises, establishments, subdivisions), other military formations created in accordance with the laws of Ukraine, as well as a special law enforcement agency using special technical means and tests.
An official authorized by the head of the governing body of the military law enforcement service in the Armed Forces of Ukraine, using special technical means and tests, checks the servicemen:
- on the roads;
- in indoor sports facilities;
- in squares, in parks;
- in all types of public transport (including international shipping);
- in places prohibited by law.
If an individual refuses to undergo a spot check, then they must undergo a medical facility approved by the health departments of the local state governments.
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In the other establishments it is forbidden to examine people for the state of alcoholic, narcotic or other intoxication or under the influence of drugs that reduce their attention and reaction speed.
How is the verification
Verification takes place in the presence of an official authorized to do so by the head of the management body of the military law enforcement service in the Armed Forces of Ukraine or by the commander (head) of a military unit (institutions, organizations, enterprises, establishments, subdivisions), other military unit formed in accordance with the laws of Ukraine, as well as a special purpose law enforcement agency.
The process is recorded on video and, in the absence of technical means, the assessment takes place in the presence of two witnesses. Video materials must be attached to the protocol.
An inspection carried out in violation of the procedure is considered invalid.
Penalty for being intoxicated
Article 172 (20) consumption of alcoholic, low-alcohol beverages or the use of narcotic drugs, psychotropic substances or their analogues by military personnel, persons responsible for military service and reservists during the training camp on the territory of military units, military facilities or the extra of such persons on the territory of a military unit in a state of intoxication, in a state of narcotic or other intoxication, or the performance of military service duties by them in a state of intoxication, in a state of narcosis or other intoxication, as well as the refusal of such persons pass through a state of alcoholic, narcotic or other intoxication, is punishable:
- For soldiers and officers – a fine of one hundred to five hundred tax-free minimum incomes of citizens or arrest with detention in a guardhouse for up to seven days.
- The commander who does not remove the soldier, who is in a state where the reaction rate is reduced due to drugs or other means, is punished with a fine of five hundred to one thousand tax-free minimum incomes of citizenship or with arrest with detention in a guardhouse for a maximum of ten days.
The commission of experts has not yet put the bill on its agenda for 2022. They had comments on section 266(1), under which the military can be checked at any time and in any place, although the law does not contain bans on the consumption of alcoholic beverages at home or on vacation. Therefore, the authors of the project were asked for clarification of this plan.
«At present, the draft does not allow to determine in which cases it is necessary to examine the persons indicated for the state of alcoholic, narcotic or other intoxication or for being under the influence of drugs that reduce their alertness. Thus, the current legislation of Ukraine does not contain prohibitions for military personnel and those responsible for military service to drink alcoholic beverages at home during the period of permission to leave a military unit or on vacation, therefore, such actions do not will contain signs of social damage. However, from the text of Part 1 of Art. 266-1 of the Code of Administrative Offenses, it can be concluded that certain categories of persons are subjected to examination at any time and in any place, ”the conclusion states.
