Court overturned fine for a serviceman for alleged negligent attitude to service after a tragic incident with a soldier

The Rivne Court of Appeal reviewed the decision of the lower court, challenged by the defender of the serviceman who was found guilty of negligent attitude to military service during a special period and was fined 17,000 hryvnias.

The appellant stated that the decision was made with significant violations of procedural and substantive law, as well as gross violations of the rights of the person brought to administrative responsibility, guaranteed by Article 268 of the Code of Administrative Offenses of Ukraine.

He requested to cancel the contested court decision and to close the proceedings in the case regarding the serviceman due to the absence of the event and elements of an administrative offense, since his client complied with the requirements of the Armed Forces statutes, instructions, and orders of the military unit commander.

The appellate court, having heard the arguments of the serviceman and his defender, examined the case materials on the administrative offense and the court decision within the scope of the appeal arguments, concluded that the appeal should be satisfied for the following reasons.

The court established that while the serviceman was on a 24-hour duty according to the order of the military unit commander, an accident occurred in the technical zone: during the lighting of a stove, a gas cylinder exploded with subsequent ignition, as a result of which the soldier suffered burns.

Two weeks later, the serviceman died in the hospital from the injuries sustained.

Since the duty officer did not report the incident of the soldier's injury to the Military Police chief within 15 minutes after the event, he was charged with committing an administrative offense under part 2 of article 172-15 of the Code of Administrative Offenses of Ukraine during a special period.

From the explanations of the person whom the first-instance court held administratively liable, it follows that he immediately informed the nurse, who within 10 minutes informed him that the injured needed hospitalization and, with the commander's permission, he transported the injured to the medical facility by official transport.

It is also known that immediately after the incident, the serviceman verbally reported the accident to the duty officer of the military unit and the battalion responsible person, but did not make a written report. In the morning meeting with the commander, he clarified whether he needed to make further reports, to which the commander replied that reports through the deputy line had already been submitted.

The serviceman confirmed that at the time of the event he did not know the name or surname of the injured serviceman. He was not personally acquainted with the soldier, and the soldier was not his subordinate. He was unaware of the exact consequences of the gas cylinder explosion and who exactly was injured; he only had general information about the incident, so he did not have complete and reliable information to report to the Military Police.

The appellate court, deciding to cancel the contested decision and close the proceedings due to the absence of the event and elements of an administrative offense under part 2 of article 172-15 of the Code of Administrative Offenses of Ukraine, took into account his explanations and did not find personal irresponsibility or negligent attitude to service during the 24-hour duty. The circumstances stated in the protocol were not supported by proper evidence, were unconvincing, and were refuted by the explanations of the person whom the local court unlawfully held administratively liable.

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