Conducting inspections: What you need to know

An inspection is a set of measures aimed at a comprehensive, complete, and objective examination of the circumstances surrounding a possible violation of servicemembers’ rights.

In what cases is an inspection initiated?

An inspection is initiated by a decision of the Military Ombudsman or one of the deputies.

The grounds for initiating an inspection  are data received from various sources indicating a rights violation. These may include complaints from servicemembers parliamentary appeals or inquiries, media reports, or confidential communications.

What are the timeframes for conducting an inspection?

The timeframe for conducting an inspection is up to 30 working days. If there are justified grounds, this period may be extended by an additional 30 working days, but only once.

What powers does the Office of the Military Ombudsman have during an inspection?

• Interview individuals who possess information relevant to the subject of the inspection and obtain written statements;
• Obtain documents related to the subject of the inspection and make copies of such documents;
• Conduct examinations of territories, premises, facilities, and objects connected to the inspection.

What decisions can be taken based on the results of an inspection?

Following the inspection, a conclusion is prepared, which includes:

• information on whether a violation has occurred or not; 
• the nature of the violation; 
• the commander, military authority, state body, or official whose actions or inaction led to the violation; 
• the causes and conditions that led to the violation of rights; 
• possible ways to restore the violated rights.

The responsible person or body is obliged to review the finding within ten working days and to notify the Military Ombudsman in writing of the measures taken to restore the servicemember’s rights.

What liability is provided for failure to comply with the lawful requirements of the Military Ombudsman?

For negligent performance of military service duties, including during reviewing a conclusion of the Military Ombudsman, officials may be held liable under disciplinary, administrative, and criminal law.

We also recall that the Verkhovna Rada has passed draft law No. 13267 at first reading, which is intended to introduce administrative liability for failure to comply with the lawful requirements of the Military Ombudsman, and criminal liability for interference in the Ombudsman’s activities.