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LAW OF UKRAINE

of October 3, 2019 No. 160-IX

About liability of the military personnel and persons equated to them for the damage caused to the state

(as amended of the Law of Ukraine of 27.04.2021 No. 1417-IX)

This Law determines the bases and procedure for involvement of the military personnel and some other persons to liability for the harm done to state-owned property, including military property, the property attracted during mobilization and also money during execution of service duties by them.

Section I General provisions

Article 1. Determinations of terms

1. In this Law the below-stated terms are used in such value:

1) military unit, organization, the organization, institution - body of military management, military unit, military educational institution, military educational unit of higher educational institution, organization, the organization of the Ministry of Defence of Ukraine, the Armed Forces of Ukraine formed according to the laws of Ukraine of other military forming, functional division of the Central management, regional body, other body, organization, institution of the Security Service of Ukraine, law enforcement agency of special purpose, the Public special service of transport, Public service of special communication and information security of Ukraine or body, division, forming, organization, educational institution of the Ministry of Internal Affairs of Ukraine, the State bureau of investigations and military prosecutor's offices in which military personnel, police officers and faces of the private and the commanding structure serve (there undergo charges persons liable for call-up and reservists);

2) other property - real and personal state-owned property (except the military property assigned to military unit, organization, the organization, institution), the property attracted during mobilization and also money;

3) the commander (chief) - the commander (the chief, the head) of military unit, organization, the organization, institution;

4) financial responsibility - the type of legal responsibility consisting in obligation of the military personnel and some other persons to cover fully or partially direct valid damage which was caused on their fault by destruction, damage, creation of shortage, plunder or illegal use of military and other property during fulfillment of duties of military service or service duties, and also additional collection in the income of the state as the sanction for illegal actions in case of use of the increased liability;

5) direct valid harm (further - harm) - damage caused to military unit, organization, the organization, institution by destruction, damage, creation of shortage, plunder or illegal use of military and other property, deterioration or lowering of its value and also expenses on recovery or acquisition of military and other state-owned property instead of damaged or lost, excessive payments in case of fulfillment of duties of military service or service duties. The damage does not join the income which could be received under regular circumstances if such damage is not caused;

6) office risk - possibility and probable scales of effects of negative impact during the certain time caused by actions or failure to act of person to who operation of this Law extends in special, extraordinary (extreme) conditions, directed to prevention of harm if it could not be avoided in a different way.

2. The term "military property" applied in this Law is applied in the value given in the Law of Ukraine "About legal regime of property in the Armed Forces of Ukraine".

Article 2. Law coverage

1. Operation of this Law extends to the military personnel in case of execution of obligations of military service by them, persons liable for call-up and reservists during passing of charges by them, and also faces of the private and the commanding structure of law enforcement agencies of special purpose, Public service of special communication and information security of Ukraine, the Ministry of Internal Affairs of Ukraine, National police of Ukraine, forces of civil protection, the Public criminal and executive service of Ukraine, the State bureau of investigations of staff of Service of judicial protection (further - persons).

Article 3. Bases and conditions of attraction to financial responsibility

1. The basis for attraction to financial responsibility is the damage caused by the illegal decision, non-execution or improper execution by person of obligations of military service or service duties except the circumstances determined by article 9 of this Law which exclude financial responsibility.

2. Conditions of attraction to financial responsibility are:

1) harm availability;

2) delinquent behavior of person in connection with non-execution or improper execution by it of obligations of military service or service duties;

3) causal relationship between delinquent behavior of person and damage suffered;

4) wine of person in damnification.

3. Involvement of person to liability for the caused damage does not exempt it from the disciplinary, administrative or criminal liability established by the laws of Ukraine.

4. Transfer of person to other duty station or its dismissal from position or service cannot be the basis for release it from the financial responsibility established by the law.

5. Person, in case of causing through his fault loss to the third parties which is indemnified according to the law military unit, organization, the organization, institution compensates to military unit, organization, the organization, institution the caused damage according to the procedure, provided by this Law and other laws of Ukraine.

6. The harm done by person not connected with execution by it of obligations of military service or service duties is compensated according to the procedure, provided by the laws of Ukraine.

Article 4. Terms of attraction to financial responsibility

1. Person can be brought to financial responsibility within three years from the date of detection of damage suffered.

Section II financial responsibility Types

Article 5. Limited financial responsibility

1. Person bears liability in the amount of the caused damage for the damage caused on imprudence, but no more than fifteen subsistence minimums established for able-bodied persons except cases when this Law provides the complete or increased financial responsibility.

2. The commander (chief) who the decision or failure to act broke established procedure of accounting, storage, use of military and other property or did not take proper measures stipulated by the legislation, on prevention of plunders, destruction or spoil, other illegal expenditure of military and other property owing to what harm was done, or about involvement of perpetrators to financial responsibility, bears financial responsibility in the amount of the caused damage, but no more than fifteen subsistence minimums established for able-bodied persons.

3. The size of the subsistence minimum established for able-bodied persons is determined on the date of the publication of the order on involvement of person to limited financial responsibility.

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