REVISTA DE LA UNIVERSIDAD DEL ZULIA. 3ª época. Año 13 N° 38, 2022
Mykhailo Shmat et al/// Exemption from punishment of military servants unfit for military service… 189-201
circumstances that determine the specifics of health-based release from punishment of
military servants are subject to further careful analysis and research.
Application of the provisions of Part 3 of Article 84 of the Criminal Code of Ukraine
is possible in respect of military servants convicted of committing any crimes. After all,
punishment in the form of restriction of service for military servants (Article 58 of the
Criminal Code of Ukraine), arrest (Part 2 of Article 60 of the Criminal Code of Ukraine) and
detention in a disciplinary battalion of military servants (Article 62 of the Criminal Code of
Ukraine) may be imposed by court according to Article 69 of the Criminal Code of Ukraine,
in particular, a milder punishment than that provided by the law may be imposed.
The procedure of health-based release of military servants from serving a sentence
(military servants declared unfit for military service due to their state of health) is regulated
by the Penitentiary Code of Ukraine (Law of Ukraine. 2003). Thus, the penitentiary
legislation of Ukraine determines two types of health-based release of military servants from
those unfit for military service due to their health status with deregistration,
accompanied by dismissal from military service in accordance with paragraph “b” of Part 1 of
Article 26 of the Law “On Military Duty and Military Service” “b” of Part 1 of Article 26 of
the Law “On Military Duty and Military Service” (Law of Ukraine,1992);
those unfit for military service in peacetime, in particular during a special period
except martial law), accompanied by discharge from military service in reserve for military
servants serving conscription (national service) in the army during mobilization, for a special
period, military service for conscription of persons from among reservists in a special period,
in accordance with subparagraph “b”, paragraph 1, Part 4 of Article 26 of the Law “On
Military Duty and Military Service” (Law of Ukraine, 1992).
The penitentiary legislation of Ukraine establishes a separate procedure for release
from punishment for each special basic type of punishment of military servants (service
restriction, arrest or detention in a disciplinary battalion).
In accordance with Part 5 of Article 47 of the Penitentiary Code of Ukraine, convicts
serving sentences in the form of service restrictions for military servants and recognized by
the military medical commission unfit for military service with removal from military
registration or unfit for military service in peacetime, shall be released by court from