The Milli Majlis has approved at first reading amendments that increase penalties for officers, warrant officers, midshipmen and contract servicemembers.
The draft amendments to the Code of Administrative Offenses were discussed at today’s plenary session, Operative Information Center-OMM reports. “Operativ Information Center-OMM”
Under the proposed changes, officers, warrant officers, midshipmen and contract servicemembers who leave their military unit or place of service without authorization, or fail to report there on time without a valid reason, for more than one day but no more than 10 days would face a fine of 200 to 300 manats. Depending on the circumstances of the case and the offender’s personal circumstances, administrative detention of up to 15 days could also be imposed.
Under the previous version, administrative detention of up to 20 days applied if the offense continued for more than three days but no more than 10 days.
Another proposed amendment would impose a fine of 300 to 500 manats if a person who has already received an administrative penalty repeats any of the above offenses within one year of the decision taking effect. Depending on the circumstances of the case and the offender’s personal circumstances, administrative detention of between 10 days and one month could also be imposed.
Under the current law, administrative detention of between 15 days and one month applies in such cases.
The draft law also provides for stronger prosecutorial oversight of administrative offenses against military service.
It was noted that under current legislation, when servicemembers of the relevant body commit administrative offenses against military service, the authorized official need only notify the military prosecutor in writing.
The proposed draft requires copies of relevant decisions and protocols to be sent to the military prosecutor, and also grants the prosecutor authority to take appropriate action and make decisions based on those documents.
As the prosecutor would be empowered to make decisions on the administrative offenses cited above, an amendment to Article 54.6 of the Code of Administrative Offenses is proposed to ensure the prosecutor’s participation in hearings on those cases.
The proposed provision states that copies of decisions and protocols issued by authorized officials of the relevant executive body concerning administrative offenses against military service committed by that body’s servicemembers must be sent immediately to the relevant military prosecutor. After reviewing the relevant documents, the military prosecutor would issue written instructions if there are legal grounds to do so.
It was emphasized that the military prosecutor would review the legality and validity of a decision to refuse to initiate administrative offense proceedings, or a decision to terminate such proceedings, within 30 days of receiving it. If the decision is found to be unlawful or unjustified, the prosecutor would overturn it and issue a relevant decision, draw up a protocol, or return the case materials to the authorized body or official for a fresh review of the information about the administrative offense.
It was also reported that, if materials are requested from the authorized official who issued the relevant decision or ruling for the purposes of this review, they must be submitted to the military prosecutor within one day.
Taking into account the specific nature of servicemembers’ duties, the draft law also proposes that cases involving offenses punishable by administrative detention be considered within 15 days, rather than immediately or within 48 hours.
After discussion, the amendments were put to a vote and passed at first reading.
