The Second Senate of the Constitutional Court of Ukraine declared the norm of unconditional detention of military personnel unconstitutional.
This was reported by the Constitutional Court itself.
This is a norm that obliged courts to remand military personnel suspected or accused of war crimes, without the court having the option of choosing another preventive measure.
The Constitutional Court of Ukraine explained that the court must decide for itself which preventive measure to apply in each specific case. Automatic detention violates the Constitution.
The court gave the Verkhovna Rada three months to amend the legislation, after which they will enter into force.
The case was heard on the complaint of serviceman Serhiy Hnezdilov, who challenged the provisions after his arrest in the case of desertion, which he committed to draw attention to indefinite service in the army.
Who is Serhiy Hnezdilov?
Serhiy Hnezdilov is a 24-year-old serviceman who joined the Armed Forces of Ukraine in 2019. His three-year contract was due to expire in March 2022.
All these years he fought in the 56th Mariupol Motorized Infantry Brigade. On September 19, 2024, Hnezdilov went to the North-West Frontier (voluntarily left the unit) and two days later publicly announced this on Facebook. He explained that he wanted to draw attention to the problem when some fight indefinitely, while others do not plan to mobilize.
Already on October 9, Hnezdilov was detained. The next day, he was suspected of desertion. He was sent to military custody on October 11. On January 23, 2025, Hnezdilov was released from custody and criminal liability was removed, he returned to service.
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