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Rada Bans Courts From Suspending Military Order

The Verkhovna Rada forbade the courts to suspend the operation of an order of a commander (chief) given to a serviceman under martial law or in a combat situation.

A total of 296 MPs voted for the adoption of bill 7292, with a minimum of 226, Ukrainian News Agency reports.

The explanatory note explains that, under the law, decisions (including of commanders) of subjects of power can be appealed to an administrative court, which can ensure such a dispute by suspending such a decision.

The authors of the initiative believe that the suspension of an order given to a serviceman is unacceptable during the war.

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"Failure to comply with an order or disobedience of a soldier to an order of a commander (chief), committed in martial law or in a combat situation, can entail not only grave consequences, but also causing death to military personnel or other persons and the civilian population, their capture, or even causing damage to the national interests of Ukraine," the explanatory note says.

Therefore, Article 151 of the Code of Administrative Procedure of Ukraine is supplemented, which, among other things, contains a list of cases when the court cannot suspend the decision.

This list is supplemented by a clause stating that it is not allowed to secure a claim by suspending an order from a commander (chief) given to a serviceman under martial law or in a combat situation.

According to the explanatory note, the purpose of the bill is to ensure the unconditional execution by military personnel of the lawful orders of commanders (chiefs) given under martial law or a combat situation.

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As Ukrainian News Agency reported, 14 MPs propose to the Verkhovna Rada to ban the courts from suspending the military order.

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