Combat payments without legal grounds — when a serviceman faces a fine of 34,000 UAH and repayment of funds

Receiving additional combat rewards is possible only if there are grounds provided by law. If payments were accrued or received without the right to them, this may lead not only to the obligation to return the funds but also to criminal liability. This is exactly the case considered by the Derhachi District Court of Kharkiv region.

Circumstances of the case

It was established that the serviceman, serving under mobilization as a mechanic-radiotelephonist of the radar warfare company management unit, from January 1 to January 31, 2023, was located at the military unit's location in a territory that, according to the orders of the Commander-in-Chief of the Armed Forces of Ukraine, did not belong to the area of military (combat) operations.

According to the court's conclusion, the serviceman was fully aware that during the specified period he did not take direct part in combat operations or in ensuring the implementation of national security and defense measures, repelling and deterring armed aggression, by being directly in the combat zones. At the same time, such participation, according to the Cabinet of Ministers of Ukraine Resolution No. 168, is the basis for paying an additional reward of up to 100,000 UAH proportionally to the time of participation.

The court noted that the accused intentionally did not inform the military unit officials responsible for calculating and paying monetary allowances about his lack of the right to receive such a reward. As a result, he unlawfully obtained budget funds in the amount of 70,000 UAH, which were paid as an additional reward, after which he used them at his own discretion, causing property damage to the state represented by the military unit in the corresponding amount.

The serviceman's actions were qualified by the court under Part One of Article 190 of the Criminal Code of Ukraine as misappropriation of another's property by abuse of trust.

Position and conclusions of the court

The court noted that the criminal proceedings were considered in a simplified procedure in accordance with Articles 381, 382, and 302 of the Criminal Procedure Code of Ukraine, since the accused unequivocally admitted his guilt, did not dispute the circumstances established during the inquiry, agreed to the consideration of the indictment without a court hearing, and recognized the civil claim. The voluntariness of such admission was confirmed by his defender.

When assessing the issue of sentencing, the court took into account the legal position of the Grand Chamber of the Supreme Court regarding the concept of sincere repentance, set out in the ruling dated November 27, 2019, as well as the Supreme Court's conclusions on the general principles of sentencing.

The court established that the accused had no previous convictions, was not registered with psychiatrists or narcologists, was characterized satisfactorily at the place of service, admitted guilt, sincerely repented, and actively assisted in solving the criminal offense. The court recognized sincere repentance and active assistance in solving the criminal offense as mitigating circumstances in accordance with paragraph 1 of part one of Article 66 of the Criminal Code of Ukraine. The court found no aggravating circumstances.

Considering the severity of the criminal offense, information about the offender, his attitude towards the committed act, and other circumstances of the case, the court concluded that a fine within the sanction of part one of Article 190 of the Criminal Code of Ukraine is a sufficient and fair punishment.

Additionally, the court considered the civil claim of the prosecutor's office, filed in the interest of the state represented by the Ministry of Defense of Ukraine and the respective military unit, for compensation of material damage caused by the criminal offense.

Since the accused fully admitted the civil claim and the case materials confirmed the fact of property damage, the court, guided by the provisions of Articles 22 and 1166 of the Civil Code of Ukraine, as well as Articles 128 and 129 of the Criminal Procedure Code of Ukraine, concluded that there are legal grounds for its satisfaction.

As a result of the consideration of case No. 619/4358/26, the court found the serviceman guilty of committing a criminal offense under part one of Article 190 of the Criminal Code of Ukraine, sentenced him to a fine of 34,000 UAH, and satisfied the civil claim by recovering 70,000 UAH in favor of the military unit as material damage caused by the illegal receipt of additional combat rewards.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.