Print Friendly, PDF & Email

Il provvedimento è disponibile nelle seguenti lingue:

Kaitseväe distsiplinaarseadus

Vastu võetud 3. detsembril 1997. a.

(RT I 1997, 95/96, 1575), jõustunud 1. jaanuaril 1998.

[...]

4. peatükk

Distsiplinaarkaristused

§ 23. Distsiplinaararestiga karistatud kaitseväelase õigused ja tema suhtes rakendatavad piirangud

(1) Distsiplinaararestis oleval kaitseväelasel on õigus:

1) kohtlemisele ja distsiplinaararesti tingimustele, mis ei alanda tema väärikust;

2) saada kaitseväes kehtestatud korras ööpäevane toidunorm;

3) saada arstiabi;

4) pidada kirjavahetust;

5) kohtuda väeosa kaplaniga (vaimulikuga) ning osaleda väeosa territooriumil toimuvas tema usutunnistusele vastavas usuteenistuses;

6) lugeda kaitseväe määrustikke, ajakirjandust, vaimulikku ja juriidilist kirjandust ning õpikuid.

(2) Distsiplinaararestis oleval kaitseväelasel on keelatud:

1) lahkuda ilma loata temale määratud ruumist;

2) kasutada isiklikke audio- ja videoseadmeid;

3) kanda teenistus- ja teenetemärke.

(3) Distsiplinaararesti ei kohaldata naissoost kaitseväelaste suhtes.

(4) Distsiplinaararestis olevate kaitseväelaste valvamisel ei kasutata tulirelva.

(5) Distsiplinaararesti kandmiseks määratud arestiruumist omavoliline lahkumine loetakse uueks distsiplinaarsüüteoks raskendatavatel asjaoludel.

[...]

©FB

Trascina file per caricare

Disciplinary Measures in Defence Forces Act

Passed 3 December 1997

(RT1 I 1997, 95/96, 1575), entered into force 1 January 1998.

Chapter 1

General Provisions

§ 1. Scope of application of Act

This Act provides for the encouragement applied to the members of the Defence Forces in active service, and to reservists participating in the training exercises of the Defence Forces, bases for their disciplinary liability, disciplinary punishments imposed on them and the procedure for the conduct of corresponding disciplinary proceedings.

[...]

§ 3. Application of Act to members of Defence Forces staying in foreign states

This Act applies to members of the Defence Forces who stay in foreign states for the performance of their duties unless international agreements prescribe the application of the legislation regulating disciplinary liability of the receiving state.

§ 4. Application of Act to military personnel of foreign states staying in Estonia

This Act applies to military personnel and military officials of foreign states who stay in Estonia for the performance of their duties on the basis of international agreements if the international agreements prescribe application of Estonian legislation regulating disciplinary liability.

§ 5. Discipline of Defence Forces

(1) Discipline of the Defence Forces means the accurate performance of duties and compliance with the requirements of the procedures of the Defence Forces established by Acts, regulations which apply to the Defence Forces, and lower legislation and orders by all members of the Defence Forces.

(2) Discipline of the Defence Forces is based on the right of command and disciplinary authority of commanders, the obligation of subordinates to comply with the lawful commands and orders of commanders, and on the conscious compliance by members of the Defence Forces with the requirements of the service in the Defence Forces.

§ 6. Commanders

(1) A commander is a member of the Defence Forces who, pursuant to the procedure provided by Acts or legislation established on the basis thereof, is assigned to permanently or temporarily lead the activities of the members of the Defence Forces who serve in his or her subordination.

(2) An immediate commander is a commander closest to a member of the Defence Forces in whose immediate subordination the member of the Defence Forces serves.

(3) The direct commanders of a member of the Defence Forces are his or her immediate commander and the commanders higher than the immediate commander in whose subordination the member of the Defence Forces serves.

(4) The direct superior commander of the Defence Forces is the Commander of the Defence Forces in peace-time, and the Commander-in-Chief of the Defence Forces in war-time.

§ 7. Right of command of commanders

(1) The right of command means the right of a commander to give, in correspondence with his or her position in the Defence Forces and arising from Acts and legislation established on the basis thereof, commands to his or her subordinates for the performance of their duties, and require accurate and timely compliance with the commands.

(2) A commander shall be liable for the lawfulness of his or her commands.

(3) The right of command of a commander includes a duty to ensure the good health and well-being of his or her subordinates and their compliance with good moral standards and discipline, and the effective and economic use of the resources granted at his or her disposal, and liability for the performance of the duties assigned to him or her.

(4) A subordinate is required to unquestioningly comply with the duty related commands given by his or her commander.

§ 8. Definition of disciplinary offence committed by members of Defence Forces

(1) A disciplinary offence committed by a member of the Defence Forces is the wrongful failure to comply or unsatisfactory compliance with the requirements prescribed by Acts or legislation established on the basis thereof, or requirements arising from duties.

(2) An indecent act or failure to comply with generally recognised moral standards by a member of the Defence Forces which discredits the Estonian Defence Forces, regardless of whether or not it occurred in the performance of duties, is also deemed to be a disciplinary offence.

§ 9. Disciplinary liability of members of Defence Forces

(1) A member of the Defence Forces who has committed a disciplinary offence shall bear disciplinary liability therefor, meaning the imposition of a disciplinary punishment on him or her in correspondence with the nature and gravity of the offence committed by him or her.

(2) Only the disciplinary punishments provided for in this Act may be imposed for a disciplinary offence.

§ 10. Disciplinary liability of members of Defence Forces in relation to administrative, criminal and civil liability

The bringing of administrative, criminal or civil charges against a member of the Defence Forces does not prevent the imposition of a disciplinary punishment for the same offence.

Chapter 2

Disciplinary Authority of Commanders

§ 11. Disciplinary authority

(1) Disciplinary authority is the competence granted by law to commanders to apply encouragement for the assiduous compliance with duties and for service-related achievements by subordinates, and to impose disciplinary punishments for disciplinary offences committed by subordinates.

(2) The purpose of use of disciplinary authority is to maintain and strengthen the discipline of the Defence Forces, to cultivate the personal sense of responsibility of subordinates and to encourage the assiduous performance of duties by the subordinates.

(3) Direct commanders, their substitutes and assistants, garrison commanders and garrison commandants have, upon the performance of their duties, disciplinary authority over subordinate members of the Defence Forces.

(4) An acting commander who performs the duties of a commander has the disciplinary authority of the commander being substituted for.

(5) A substitute for or an assistant to a commander has disciplinary authority equal to a commander in a position lower by one grade than the position of the commander being substituted for or assisted.

§ 12. Duties and liability of commanders upon ensuring discipline in Defence Forces

(1) A commander is required to take measures to strengthen conscious discipline and to prevent violations of discipline. A commander shall be liable for the discipline of the members of the Defence Forces subordinate to him or her, for their compliance with the requirements provided by the codes of conduct of the Defence Forces, and for the performance of the tasks assigned to them.

(2) The duties of a commander upon ensuring discipline in the Defence Forces and in the exercise of disciplinary authority are as follows:

1) to make requests and give commands necessary for the organisation of service in the Defence Forces, and monitoring the compliance therewith;

2) to develop and maintain service relationships in accordance with the codes of conduct of the Defence Forces;

3) to ensure the rights of his or her subordinates provided for in Acts and other legislation;

4) to review and settle complaints and petitions submitted by his or her subordinates in a timely manner;

5) to impose disciplinary punishments for disciplinary offences on his or her subordinates;

6) to organise supervision over the use of disciplinary authority by his or her subordinate commanders.

(3) A commander has no right to restrict the disciplinary authority of a commander subordinate to him or her.

(4) A commander who imposes a disciplinary punishment shall report such fact to his or her immediate commander.

Chapter 3

Encouragement

§ 13. Definition and classification of encouragement

(1) Encouragement is the expression of appreciation by a commander with disciplinary authority to a subordinate who has excelled in the assiduous performance of his or her duties or demonstrated outstanding service-related achievements.

(2) The classes of encouragement applied to members of the Defence Forces are:

1) oral expression of thanks in front of a formation or corresponding assembly, or by way of a directive;

2) grant of a letter of appreciation;

3) grant of a service badge;

4) grant of an additional leave;

5) grant of a monetary award;

6) grant of a valuable gift;

7) award of a cut-and-thrust weapon or firearm registered to the name of the member of the Defence Forces;

8) cancellation of a disciplinary punishment before the prescribed time.

(3) Service badges and the procedure for the grant and wearing thereof shall be established by the Minister of Defence on proposal of the Commander of the Defence Forces.

§ 14. Application of encouragement

(1) The immediate commanders of members of the Defence Forces and the direct commanders of the immediate commanders have the right to express thanks orally to the members of the Defence Forces in front of formations and corresponding assemblies.

(2) Direct commanders with the right to issue directives have the right to express thanks by way of a directive, and to grant letters of appreciation.

(3) Commanders of military units and the direct commanders of the commanders of the military units have the right to grant service badges, additional leaves, monetary awards and valuable gifts.

(4) The Commander of the Defence Forces (the Commander-in-Chief of the Defence Forces) has the right to award cut-and-thrust weapons or firearms registered to the names of the members of the Defence Forces.

(5) The value of valuable gifts and the maximum rates for monetary awards shall be established by the Minister of Defence.

(6) A commander who imposes a disciplinary punishment and the direct commander of such commander have the right to cancel the disciplinary punishment before the prescribed time.

Chapter 4

Disciplinary Punishments

§ 15. Objective and classification of disciplinary punishments

(1) The objective of a disciplinary punishment is the punishment of a member of the Defence Forces for a committed disciplinary offence and the prevention of new violations of discipline.

(2) The classes of disciplinary punishment imposed on members of the Defence Forces are:

1) reprimand or severe reprimand;

2) extra fatigue-duty;

3) confinement to barracks (confinement to ship);

4) confinement to quarters;

5) disciplinary detention;

6) disciplinary arrest;

7) fine;

8) prohibition to wear a service badge or deprivation of right to wear a service badge;

9) warning of unsuitability for position;

10) transfer to a lower position;

11) demotion in rank.

(3) Sections 30-33 of this Act provide for the classification of disciplinary punishments imposed on different categories of members of the Defence Forces.

§ 16. Reprimand or severe reprimand

(1) A reprimand or severe reprimand is the provision of an oral or written opinion by a commander concerning a disciplinary offence committed by his or her subordinate which expresses condemnation of the disciplinary offence and calls on the sense of dignity, honour and duty of the subordinate.

(2) Commanders shall express reprimands or severe reprimands in person, orally and publicly in the presence of other members of the Defence Forces, or in directives.

§ 17. Extra fatigue-duty

(1) Extra fatigue-duty is imposed for the performance of internal services out of turn at the time determined by a commander.

(2) It is prohibited to assign a member of the Defence Forces to extra fatigue-duty if the performance of such fatigue-duty involves carrying a firearm.

(3) Where more than one extra fatigue-duties are imposed, the execution of the punishment shall be timed such that the serving or each following extra-fatigue duty shall commence not earlier than one twenty-four hour period after the completion of the serving of the preceding extra-fatigue duty.

(4) Up to five extra fatigue-duties may be imposed for one and the same disciplinary offence.

(5) Extra fatigue-duty is imposed orally and publicly, or by way of a directive.

§ 18. Confinement to barracks (confinement to ship)

(1) Confinement to barracks (confinement to ship) is the prohibition imposed on a punished member of the Defence Forces to leave a subordinate unit (ship) during free time and to receive visitors. It is permitted, as an exception, to leave a subordinate unit (ship) during the time of serving of the punishment in order to perform service duties or in exceptional cases, with the permission of the commander who imposed the disciplinary punishment.

(2) The duty officer of a subordinate unit and the immediate commander of the punished member of the Defence Forces shall monitor and bear the liability for the service of confinement to barracks (confinement to ship).

(3) Confinement to barracks (confinement to ship) may be imposed for up to thirty twenty-four-hour periods.

(4) Confinement to barracks (confinement to ship) is imposed orally and publicly, or by way of a directive.

§ 19. Confinement to quarters

(1) Confinement to quarters is a requirement to stay in the permanent place of residence during the time free from service. It is permitted, as an exception, to leave the permanent residence during the time of serving of the punishment in order to perform service duties or in exceptional cases, with the permission of the commander who imposed the disciplinary punishment.

(2) The immediate commander of the punished member of the Defence Forces shall monitor and bear the liability for the service of confinement to quarters.

(3) Confinement to quarters may be imposed for up to thirty twenty-four-hour periods.

(4) Confinement to quarters is imposed orally and publicly, or by way of a directive.

§ 20. Disciplinary detention

(1) Disciplinary detention is the holding in custody of a member of the Defence Forces in a detention room prescribed for such purposes.

(2) Disciplinary detention shall be imposed in the cases where a member of the Defence Forces is unable to control his or her behaviour and may endanger his or her own health, life or property or the health, life or property of other persons.

(3) Commanders of military units and the direct commanders of the commanders of the military units have the right to impose disciplinary detention. Garrison commanders, garrison commandants and duty officers of garrisons and military units have the right to impose disciplinary detention for the prevention of disciplinary offences provided that they immediately inform the commander of the military unit thereof.

(4) A member of the Defence Forces serving disciplinary detention in a detention house of a military unit or garrison shall not be lodged in the same premises as other punished members of the Defence Forces.

(5) The duration of disciplinary detention shall not be longer than forty-eight hours.

§ 21. Rights of and restrictions applied against members of Defence Forces punished by disciplinary detention

(1) A member of the Defence Forces serving disciplinary detention has the right to:

1) treatment, and conditions of detention which do not harm his or her dignity;

2) receive the food ration established in the Defence Forces for a twenty-four hour period;

3) receive medical care.

(2) A member of the Defence Forces serving disciplinary detention is prohibited to:

1) leave the premises assigned to him without permission;

2) receive visitors;

3) wear service badges or honorary decorations.

(3) Disciplinary detention shall not be imposed on female members of the Defence Forces.

(4) Unauthorised leaving of the detention room prescribed for disciplinary detention is deemed to be a disciplinary offence under aggravating circumstances.

§ 22. Disciplinary arrest

(1) Disciplinary arrest is the isolation of a member of the Defence Forces who has committed disciplinary offence from other members of the Defence Forces in premises located in the detention house of a military unit or garrison prescribed for such purposes during the time of the serving of the punishment together with partial limitation of his or her rights on the conditions provided for in § 23 of this Act.

(2) Disciplinary arrest is imposed on members of the Defence Forces who have committed serious or repeated violations of the discipline of the Defence Forces.

(3) Commanders of military units and the direct commanders of the commanders of the military units have the right to impose disciplinary arrest by a directive.

(4) Disciplinary arrest may be imposed for three to ten twenty-four-hour periods.

(5) The commander who imposes disciplinary arrest shall inform an administrative court of the imposition of the disciplinary arrest pursuant to the procedure provided in § 55 of this Act.

§ 23. Rights of and restrictions applied against members of Defence Forces punished by disciplinary arrest

(1) A member of the Defence Forces serving disciplinary arrest has the right to:

1) treatment, and conditions of disciplinary arrest which do not harm his or her dignity;

2) receive, pursuant to the procedure established in the Defence Forces, the food ration prescribed for a twenty-four hour period;

3) receive medical care;

4) have correspondence;

5) meet with the chaplain (minister of a religion) of the military unit and participate in religious services of his or her religion held in the territory of the military unit;

6) read codes of conduct of the Defence Forces, periodicals, literature on religion and law, and textbooks.

(2) A member of the Defence Forces serving disciplinary arrest is prohibited to:

1) leave the premises assigned to him without permission;

2) use personal audio and video equipment;

3) wear service badges and honorary decorations.

(3) Disciplinary arrest shall not be imposed on female members of the Defence Forces.

(4) Firearms shall not be used upon guarding members of the Defence Forces serving disciplinary arrest.

(5) Unauthorised leaving of the detention room prescribed for serving of disciplinary detention is deemed to be a new disciplinary offence under aggravating circumstances.

§ 24. Requirement of work of members of Defence Forces punished by disciplinary arrest, and calculation of period of service

(1) A member of the Defence Forces serving disciplinary arrest may be required to work for the performance of economic or other duties unless it involves leaving the detention house (detention room).

(2) If a member of the Defence Forces serving disciplinary arrest is required to participate in training, the duration of disciplinary arrest shall be suspended for the time of the training. Serving of the arrest shall continue after completion of the training.

(3) The time spent under disciplinary arrest, except for the time when serving of the arrest is suspended for participation in training, shall not be included in the period of service of a punished member of the Defence Forces, and the salary prescribed for the period of service shall not be paid to the member of the Defence Forces for such time.

§ 25. Fine

(1) A fine in the amount of up to ten daily wages may be imposed on a member of the Defence Forces in contractual active service (hereinafter regular member of the Defence Forces) for reckless attitude towards his or her service duties, for the failure to perform his or her duties without good reason, or for the evasion of his or her duties.

(2) Commanders of military units and the direct commanders of the commanders of the military units have the right to impose fines.

(3) A fine is imposed by a directive of a commander.

(4) Funds received from the imposition of fines shall be transferred to the state budget.

§ 26. Prohibition to wear service badges and deprivation of right to wear service badges

(1) A member of the Defence Forces may be prohibited to wear a service badge for up to two months as punishment for one disciplinary offence.

(2) If during the last six months, a member of the Defence Forces has been punished by disciplinary arrest or repeatedly punished by the prohibition to wear a service badge, or if disciplinary detention has been imposed on him, then upon the commission of a new disciplinary offence by the member of the Defence Forces, deprivation of the right to wear a service badge may be imposed on him or her until the end of the period of his or her service.

(3) Upon deprivation of a member of the Defence Forces of his or herright to wear a service badge until the end of the period of his or her service, the member of the Defence Forces shall return the service badge to the military unit.

(4) Distinguishing marks included in the uniform of the Defence Forces are not service badges.

§ 27. Warning of unsuitability for position

(1) Warning of unsuitability for position is imposed on a regular member of the Defence Forces for reckless attitude towards service or for the unsatisfactory performance of duties for which a disciplinary punishment has been imposed on him or her during the last six months.

(2) A commander shall warn a subordinate of his or her unsuitability for position in writing.The warning shall set out the main deficiencies of the subordinate in the performance of his or her duties, and the time for elimination of such deficiencies.

(3) A warning of unsuitability for position shall not be imposed on a regular member of the Defence Forces earlier than one year after the date on which he or she was appointed to the position.

§ 28. Transfer to lower position

(1) A member of the Defence Forces may, by way of disciplinary punishment, be transferred to a lower position for a period of up to one year.

(2) The commander who has the right to assign a member of the Defence Forces to a position has the right to transfer the member of the Defence Forces to a lower position.

(3) An officer may be transferred to a lower position of officer and a non-commissioned officer may be transferred to a lower position of non-commissioned officer.

(4) A member of the Defence Forces who has been transferred to a lower position by way of disciplinary procedure may be promoted pursuant to the general procedure after one year of the transfer.

§ 29. Demotion in rank

(1) A member of the Defence Forces in the rank of a corporal, senior seaman or non-commissioned officer may be demoted in rank for a disciplinary offence committed under aggravating circumstances.

(2) The commander into whose competence falls grant of a rank to a member of the Defence Forces specified in subsection (1) of this section has the right to demote the member of the Defence Forces in rank.

(3) A member of the Defence Forces who has been demoted in rank by way of disciplinary procedure may be presented for restoration of the former rank pursuant to the general procedure after one year from demotion in rank.

§ 30. Disciplinary punishments for soldiers in compulsory military service

(1) The following disciplinary punishments are imposed on soldiers in compulsory military service:

1) reprimand or severe reprimand;

2) extra fatigue-duty;

3) confinement to barracks (confinement to ship);

4) disciplinary detention;

5) disciplinary arrest;

6) prohibition to wear a service badge or deprivation of right to wear a service badge;

7) transfer to a lower position;

8) demotion in rank.

(2) Transfer to a lower position together with demotion in rank may be imposed on corporals and senior seamen.

§ 31. Disciplinary punishments for non-commissioned officers in compulsory military service

The following disciplinary punishments are imposed on non-commissioned officers in compulsory military service:

1) reprimand or severe reprimand;

2) confinement to barracks (confinement to ship);

3) disciplinary detention;

4) disciplinary arrest;

5) prohibition to wear a service badge or deprivation of right to wear the badge;

6) transfer to a lower position;

7) demotion in rank.

§ 32. Disciplinary punishments for regular members of Defence Forces

(1) The following disciplinary punishments are imposed on regular members of the Defence Forces:

1) reprimand or severe reprimand;

2) confinement to quarters;

3) disciplinary detention;

4) disciplinary arrest;

5) prohibition to wear a service badge or deprivation of right to wear the badge;

6) fine;

7) warning of unsuitability for position;

8) transfer to a lower position;

9) demotion in rank.

(2) The right of officers to wear a service badge shall not be restricted.

(3) Disciplinary arrest and transfer to a lower position applied as disciplinary punishment shall not be imposed on senior officers and superior officers.

§ 33. Disciplinary liability of Defence Forces officials

Defence Forces officials shall bear disciplinary liability for commission of disciplinary offences pursuant to the procedure provided for in this Act on the same bases as regular members of the Defence Forces.

Chapter 5

Authority of Commanders to Impose Disciplinary Punishments

§ 34. Principal positions with authority to impose disciplinary punishments

(1) The principal positions in the Defence Forces with the authority to impose disciplinary punishments are:

1) squad leader;

2) platoon sergeant;

3) company warrant officer;

4) platoon commander;

5) company commander;

6) battalion commander;

7) brigade commander;

8) commander of defence district;

9) service commander;

10) Commander of the General Staff of the Defence Forces;

11) Commander (Commander-in-Chief) of the Defence Forces.

(2) Garrison commanders and garrison commandants have the right to impose disciplinary punishments on members of the Defence Forces who do not serve in their subordination, if:

1) the disciplinary offence was committed upon the performance of duties of garrison service;

2) the disciplinary offence was committed by a member of the Defence Forces serving arrest at the detention house of the garrison.

§ 35. Authority of squad leaders to impose disciplinary punishments

A squad leader has the right to impose the following disciplinary punishments on his or her subordinates:

1) reprimand or severe reprimand;

2) one extra fatigue-duty.

§ 36. Authority of platoon sergeants to impose disciplinary punishments

In addition to the authority granted to squad leaders, a platoon sergeant has the right to impose the following disciplinary punishments:

1) on a soldier who is a conscript:

- up to two extra fatigue-duties;

- up to three twenty-four-hour periods of confinement to barracks;

2) on a non-commissioned officer who is a conscript, a reprimand or severe reprimand.

§ 37. Authority of company warrant officers to impose disciplinary punishments

In addition to the authority granted to platoon sergeants, a company warrant officer has the right to impose the following disciplinary punishments:

1) on a soldier who is a conscript:

- up to three extra fatigue-duties;

- up to seven twenty-four-hour periods of confinement to barracks;

2) on a non-commissioned officer who is a conscript, up to three twenty-four-hour periods of confinement to barracks;

3) on a regular soldier or regular non-commissioned officer, a reprimand or severe reprimand.

§ 38. Authority of platoon commanders to impose disciplinary punishments

In addition to the authority granted to company warrant officers, a platoon commander has the right to impose the following disciplinary punishments:

1) on a soldier who is a conscript:

- up to four extra fatigue-duties;

- up to fourteen twenty-four-hour periods of confinement to barracks;

2) on a non-commissioned officer who is a conscript, up to five twenty-four-hour periods of confinement to barracks;

3) on a regular soldier, up to five twenty-four-hour periods of confinement to quarters.

§ 39. Authority of company commanders to impose disciplinary punishments

In addition to the authority granted to platoon commanders, a company commander has the right to impose the following disciplinary punishments:

1) on a soldier who is a conscript:

- up to five extra fatigue-duties;

- up to twenty one twenty-four-hour periods of confinement to barracks;

2) on a non-commissioned officer who is a conscript, up to seven twenty-four-hour periods of confinement to barracks;

3) on a regular soldier:

- up to seven twenty-four-hour periods of confinement to quarters;

- warning of unsuitability for position;

4) on a regular non-commissioned officer:

- up to five twenty-four-hour periods of confinement to quarters;

- warning of unsuitability for position;

5) on a junior officer, reprimand or severe reprimand.

§ 40. Authority of battalion commanders to impose disciplinary punishments

In addition to the authority granted to company commanders, a battalion commander has the right to impose the following disciplinary punishments:

1) on a soldier who is a conscript:

- up to thirty twenty-four-hour periods of confinement to barracks;

- prohibition to wear a service badge or deprivation of right to wear the badge;

- up to seven twenty-four-hour periods of disciplinary arrest;

- disciplinary detention;

2) on a non-commissioned officer who is a conscript:

- up to fourteen twenty-four-hour periods of confinement to barracks;

- up to five twenty-four-hour periods of disciplinary arrest;

- prohibition to wear a service badge or deprivation of right to wear the badge;

- disciplinary detention;

3) on a regular soldier:

- up to fourteen twenty-four-hour periods of confinement to quarters;

- fine;

- prohibition to wear a service badge or deprivation of right to wear the badge;

- three twenty-four-hour periods of disciplinary arrest;

- disciplinary detention;

4) on a regular non-commissioned officer:

- up to seven twenty-four-hour periods of confinement to quarters;

- prohibition to wear a service badge or deprivation of right to wear the badge;

- fine;

- three twenty-four-hour periods of disciplinary arrest;

- disciplinary detention;

5) on a junior officer:

- up to five twenty-four-hour periods of confinement to quarters;

- disciplinary detention;

6) on a senior officer, reprimand or severe reprimand.

§ 41. Authority of brigade commanders to impose disciplinary punishments

In addition to the authority granted to battalion commanders, a brigade commander has the right to impose the following disciplinary punishments:

1) on a soldier who is a conscript, up to ten twenty-four-hour periods of disciplinary arrest;

2) on a non-commissioned officer who is a conscript:

- up to twenty one twenty-four-hour periods of confinement to barracks;

- up to seven twenty-four-hour periods of disciplinary arrest;

3) on a regular soldier:

- up to twenty one twenty-four-hour periods of confinement to barracks;

- up to five twenty-four-hour periods of disciplinary arrest;

4) on a regular non-commissioned officer:

- up to fourteen twenty-four-hour periods of confinement to quarters;

- up to three twenty-four-hour periods of disciplinary arrest;

5) on a junior officer, up to seven twenty-four-hour periods of confinement to quarters;

6) on a senior officer, reprimand or severe reprimand.

§ 42. Authority of commanders of defence districts to impose disciplinary punishments

In addition to the authority granted to brigade commanders, a commander of a defence district has the right to impose the following disciplinary punishments:

1) on a non-commissioned officer who is a conscript:

- up to thirty twenty-four-hour periods of confinement to barracks;

- up to ten twenty-four-hour periods of disciplinary arrest;

2) on a regular soldier:

- up to thirty twenty-four-hour periods of confinement to quarters;

- up to seven twenty-four-hour periods of disciplinary arrest;

3) on a regular non-commissioned officer:

- prohibition to wear a service badge or deprivation of right to wear the badge;

- up to twenty one twenty-four-hour periods of confinement to quarters;

- up to five twenty-four-hour periods of disciplinary arrest;

4) on a junior officer:

- up to fourteen twenty-four-hour periods of confinement to quarters;

- up to five twenty-four-hour periods of disciplinary arrest;

- warning of unsuitability for position.

§ 43. Authority of service commander to impose disciplinary punishments

In addition to the authority granted to the commanders of defence districts, a service commander has the right to impose the following disciplinary punishments:

1) on a regular soldier, up to ten twenty-four-hour periods of disciplinary arrest;

2) on a regular non-commissioned officer:

- up to thirty twenty-four-hour periods of confinement to quarters;

- up to seven twenty-four-hour periods of disciplinary arrest;

3) on a junior officer:

- up to twenty one twenty-four-hour periods of confinement to quarters;

- up to seven twenty-four-hour periods of disciplinary arrest;

- fine;

4) on a senior officer, warning of unsuitability for position.

§ 44. Authority of Commander of the General Staff of the Defence Forces to impose disciplinary punishments

In addition to the authority granted to service commanders, the Commander of the General Staff of the Defence Forces has the right to impose the following disciplinary punishments:

1) on a regular non-commissioned officer: up to ten twenty-four-hour periods of disciplinary arrest;

2) on a junior officer:

- up to thirty twenty-four-hour periods of confinement to quarters;

- up to ten twenty-four-hour periods of disciplinary arrest;

3) on a senior officer, fine;

4) on a superior officer, a reprimand or severe reprimand.

§ 45. Authority of Commander of the Defence Forces to impose disciplinary punishments

(1) The Commander of the Defence Forces has the right to impose all disciplinary punishments provided for in this Act, except for the demotion in rank of officers.

(2) For the demotion in rank of a junior or senior officer by one rank, the Commander of the Defence Forces shall make a corresponding proposal to the President of the Republic.

Chapter 6

Disciplinary Proceedings

§ 46. Purpose of disciplinary proceedings

The purpose of disciplinary proceedings is to detect disciplinary offences expeditiously and fully, ascertain offenders and reasons for offences and impose disciplinary punishments correctly.

§ 47. Initiation of disciplinary proceedings

(1) Disciplinary proceedings are initiated by the immediate commander or direct commander of the member of the Defence Forces who has committed a disciplinary offence.

(2) In cases of urgency where a disciplinary offence must be prevented, disciplinary proceedings may be initiated by the duty officer of a military unit, garrison commander or garrison commandant.

(3) The facts of the commission of a disciplinary offence shall be ascertained before imposition of a disciplinary punishment.

(4) Before the imposition of a punishment, a person accused of a disciplinary offence shall be granted the opportunity to explain his or her behaviour.

§ 48. Departmental investigation

(1) Departmental investigation shall be carried out if:

1) the commander does not know the facts of the commission of the offence;

2) the disciplinary offence resulted in causing of proprietary damage to the state;

3) the disciplinary offence consisted in the manifestation of service-related relationships which are in conflict with the codes of conduct of the Defence Forces;

4) there is adequate reason to presume that a criminal offence was committed;

5) considering the facts of the offence, the offender should be punished by disciplinary arrest, disciplinary detention, transfer to a lower position or demotion in rank.

(2) The commander of a military unit or his or her direct commander shall appoint an officer or non-commissioned officer with necessary training as the person to conduct the departmental investigation not later than two days as of the commission or detection of a disciplinary offence.

(3) In the cases provided in clauses (1) 2) and 4) of this section, the commander who imposes a punishment shall immediately inform the investigator of the General Staff of the Defence Forces thereof.

§ 49. Imposition of disciplinary punishments

(1) A commander shall impose a disciplinary punishment justly and impartially, based on the gravity of the disciplinary offence, the reasons of the disciplinary offence and the previous service record of the member of the Defence Forces who committed the offence.

(2) It is prohibited to impose a disciplinary punishment on the basis of unverified facts.

(3) A commander has the right to submit an application for the imposition of a more strict punishment on a subordinate to the immediate commander of the commander in the case where his or her own disciplinary authority does not allow the imposition of a disciplinary punishment which corresponds to the gravity of the disciplinary offence.

(4) A superior commander may impose disciplinary punishments within the limits of his or her authority to members of the Defence Forces who are subordinate to commanders who are inferior to the superior commander.

(5) One disciplinary punishment shall be imposed for one disciplinary offence unless otherwise provided by law.

(6) Transfer to a lower position may be imposed together with demotion in rank.

(7) A commander who has imposed a disciplinary punishment has the right to lessen the punishment during the time of the serving thereof.

(8) Under exceptional circumstances, garrison commanders, garrison commandants and duty officers of military units have the right to impose disciplinary detention before the ascertainment of the facts of the disciplinary offence. The immediate commander of the detained person shall be immediately informed of the imposition of disciplinary detention.

(9) Upon the imposition of a disciplinary punishment, a commander shall consider the nature of the disciplinary offence, the personality of the offender, the extent of guilt of the offender, and the circumstances which mitigate or aggravate the liability; upon the imposition of a fine, also the economic situation of the offender shall be considered.

§ 50. Circumstances which mitigate disciplinary liability

(1) Circumstances which mitigate disciplinary liability are:

1) confession of the disciplinary offence and sincere remorse;

2) commission of the disciplinary offence in a provoked state, or due to concurrence of difficult circumstances related to personal or family situation.

(2) The commander imposing a disciplinary punishment may also deem other circumstances to be mitigating.

§ 51. Circumstances which aggravate disciplinary liability

Circumstances which aggravate disciplinary liability are:

1) continuation of prohibited activity regardless of the demands expressed by other persons to terminate such activity;

2) repeated commission of disciplinary offences;

3) commission of the disciplinary offence for the purpose of personal gain;

4) commission of the disciplinary offence in a group of members of the Defence Forces;

5) commission of the disciplinary offence together with subordinates;

6) commission of the disciplinary offence in a state of intoxication;

7) decreasing the combat readiness of the unit as a result of the disciplinary offence.

§ 52. Terms for imposition and notification of disciplinary offences

(1) A commander shall impose a disciplinary punishment within ten days as of the date on which he or she became aware of the disciplinary offence committed by his or her subordinate. Punishments may be imposed within thirty days after the date on which a disciplinary offence was committed or detected.

(2) In the cases where departmental investigation is conducted, a commander shall impose a punishment within ten days after the date on which the investigation report is submitted to him or her.

(3) A commander shall inform a member of the Defence Force, publicly and orally, or in writing, of a disciplinary punishment imposed on him or her. Upon the notification of the punishment, the member of the Defence Forces shall be explained the nature of the disciplinary offence committed by him or her.

(4) A member of the Defence Forces shall be informed of a punishment imposed on him or her by way of directive within three twenty-four-hour periods after the registration of the directive at the military unit. The person who is guilty of disciplinary offence shall be notified of a disciplinary punishment against his or her signature. A member of the Defence Forces who is not in the premises of the military unit at the time of the imposition of a punishment on him or her shall be informed of the punishment within one twenty-four-hour period after his or her return to the military unit.

(5) Upon the imposition of disciplinary detention, disciplinary arrest or confinement to the barracks (confinement to ship), the punished member of the Defence Forces shall be informed of the reasons for the imposition of the punishment, given an overview of his or her rights and provided with an opportunity to inform his or her immediate family of the imposition of the punishment.

§ 53. Amendment of disciplinary punishment

(1) A commander has no right to amend a disciplinary punishment lawfully imposed by a subordinate commander unless the subordinate commander has exceeded the limits of his or her authority.

(2) A commander is required to amend a disciplinary punishment imposed by a subordinate commander if the subordinate commander has exceeded the limits of his or her authority or if the disciplinary punishment has been imposed for a disciplinary offence the commission of which by a member of the Defence Forces has not been proved.

(3) In the case specified in subsection (2) of this section, a commander shall communicate his or her decision to amend a disciplinary punishment to the subordinate commander who imposed the punishment, and shall impose a disciplinary punishment for the abuse of the disciplinary authority and recklessness upon the ascertainment of the facts of the disciplinary offence and upon the imposition of the punishment on the subordinate commander who imposed the unlawful disciplinary punishment.

§ 54. Enforcement of disciplinary punishments

(1) A punishment imposed orally or in writing shall enter into force as of the moment when the member of the Defence Forces is notified thereof.

(2) If a punishment cannot be immediately executed after its entry into force for a good reason, it shall be executed after the reason ceases to exist but not later than within thirty days after the imposition of the punishment.

(3) A disciplinary punishment shall not be executed if the execution thereof has not commenced within thirty days after its imposition. The commander shall be responsible for the timely execution of a punishment.

(4) Records of imposed oral and written disciplinary punishments and of the execution thereof shall be kept at military units and the Headquarters of the Defence Forces.

§ 55. Information of administrative court of imposition of disciplinary arrest

(1) An administrative court shall be immediately informed of the imposition of disciplinary arrest. Informing an administrative court of disciplinary arrest does not suspend the execution of the disciplinary arrest.

(2) The commander who imposes disciplinary arrest shall inform the administrative court of the location of the military unit of the imposition of disciplinary arrest, submitting, inter alia, the following documents:

1) an approved copy of the directive on imposition of disciplinary arrest on the member of the Defence Forces;

2) materials pertaining to departmental investigation and other relevant materials.

(3) If an administrative court, by its judgment, declares disciplinary arrest to be unlawful, the member of the Defence Forces punished by disciplinary arrest shall be immediately released from disciplinary arrest and the administrative court and the Inspector General of the Defence Forces shall be immediately informed thereof, and the damage caused shall be compensated pursuant to the procedure provided for in the Compensation for Damage Caused by State to Person by Unjust Deprivation of Liberty Act (RT I 1997, 48, 775).

§ 56. Expiry and cancellation of disciplinary punishments

(1) A disciplinary punishment expires within six months after the date on which the punishment was imposed if no new disciplinary punishment is imposed on the member of the Defence Forces.

(2) The commander who imposed a punishment on a member of the Defence Forces may cancel the punishment before the prescribed time if the service of the punished member of the Defence Forces has been assiduous and conscientious.

(3) A disciplinary punishment imposed on a member of the Defence Forces during his or her study in an educational institution of the Defence Forces shall be cancelled upon his or her graduation.

Chapter 7

Complaints and Contestation of Disciplinary Punishments

§ 57. Submission of complaints

(1) A member of the Defence Forces has the right to submit a written complaint to the immediate commander of the commander who imposed a disciplinary punishment.

(2) A complaint may be submitted within five days as of the date on which the member of the Defence Forces was notified of the disciplinary punishment. If the member of the Defence Forces is not able to submit a complaint during such period for a good reason, he or she has the right to submit the complaint within five days after the date on which the reason ceases to exist.

(3) The submission of a complaint shall not suspend the execution of an imposed disciplinary punishment.

§ 58. Hearing of complaints

(1) A commander who receives a complaint is required to review the complaint and inform the complainant of his or her decision within five days as of the receipt of the complaint.

(2) A member of the Defence Forces has the right to submit a complaint to a superior commander if he or she has not received, within the prescribed time, a response to the complaint submitted by him or her.

§ 59. Contestation of disciplinary punishment in court

(1) A member of the Defence Forces has the right of recourse to an administrative court for the contestation of a disciplinary punishment within thirty days as of the date when the member of the Defence Forces was notified of a disciplinary punishment imposed on him or her.

(2) Recourse to a court by a member of the Defence Forces for the contestation of a disciplinary punishment imposed on him or her does not suspend the execution of the imposed disciplinary punishment.

Chapter 8

Application of Disciplinary Measures in Defence Forces Act in War-Time

§ 60. Applicability of Disciplinary Measures in Defence Forces Act and liability of members of Defence Forces in war-time

(1) This Act applies in war-time in so far as it is applicable under war-time conditions and is not in conflict with the national defence legislation in force during war-time.

(2) As of the declaration of a state of war and mobilisation, the members of the Defence Forces shall bear increased disciplinary liability which entails additional duties assigned to the members of the Defence Forces, restrictions established by legislation and provided for in this Chapter, and the right to use extended disciplinary authority in correspondence with the positions of the members of the Defence Forces.

§ 61. Extension of disciplinary authority

As of the declaration of a state of war, the following shall apply:

1) disciplinary authority shall extend by one grade of position;

2) disciplinary authority of commanders of military units or subordinate units which perform special missions or are assigned to perform special missions shall extend by two grades of position.

§ 62. Imposition of disciplinary punishment in war-time

(1) In war-time and in the event of mobilisation, disciplinary punishments provided for in this Act shall be imposed with the specifications provided for in this Chapter.

(2) Commanders shall guarantee the expedited conduct the corresponding disciplinary proceedings.

(3) Upon the imposition of disciplinary arrest in the cases where the use of a detention house is impossible or impracticable due to the circumstances, it is permitted to use premises (space) at the location of the military unit (subordinate unit) for the execution of the punishment which comply with the general requirements set for detention houses. The conditions set for the night time rest ensured to punished persons, the requirements for the day-time lighting of premises and the procedure for the provision of food shall not be restricted. The air temperature and air humidity in the premises shall comply approximately with the requirements prescribed in the internal regulations.

(4) In war-time, the members of the Defence Forces punished by disciplinary arrest shall be held in custody.

(5) In addition to the commanders and persons performing internal services specified in § 34 of this Act, officers have the right to impose disciplinary detention in war-time on members of the Defence Forces who are not their subordinates, as follows:

1) junior officers beginning from a rank corresponding to the position of platoon commander: on soldiers, seamen and non-commissioned officers up to platoon sergeants;

2) senior officers:

- on non-commissioned officers up to company warrant officers;

- on junior officers up to lieutenants;

3) superior officers on junior officers.

(6) Unauthorised leaving from disciplinary arrest or disciplinary detention in war-time is deemed to be escape from custody.

§ 63. Authority of Commander-In-Chief of the Defence Forces in War-Time

In addition to the authority provided for in § 45 of this Act, the Commander-In-Chief of the Defence Forces has the right to demote the rank or junior and senior officers in war-time by one rank as authorised by the President of the Republic.

§ 64. Expiry and cancellation of disciplinary punishments in war-time

(1) A disciplinary punishment shall expire in war-time if the member of the Defence Forces does not commit a new disciplinary offence within three months after the imposition of the punishment.

(2) Commanders have the right to cancel a disciplinary punishment before the prescribed time on the conditions specified in subsection 56 (2) of this Act.

§ 65. Submission and settlement of complaints in war-time

(1) In war-time, it is not permitted to submit a complaint against a disciplinary punishment during a time when a corresponding military unit or subordinate unit of a military unit is performing or preparing to perform a combat mission or any other function assigned to the unit by the commander.

(2) A commander who receives a complaint against a disciplinary punishment during war-time is required to review and settle the complaint immediately, or with good reason, within three days.

(3) A commander has the right to dismiss a complaint if he or she considers the complaint to be insignificant under the circumstances of war. In such event the commander is required to provide the subordinate with corresponding explication.

(4) A commander shall report the dismissal of a complaint submitted by a subordinate to the commander's immediate commander.

Chapter 9

Final Provisions

§ 66. Establishment of disciplinary regulations of Defence Forces

The specific procedure for the conduct of departmental investigation and disciplinary proceedings, for the execution, cancellation and expiry of disciplinary punishments and for the submission and review of complaints against disciplinary punishments and the procedure for keeping record on disciplinary punishments and complaints against disciplinary punishments shall be established by the disciplinary regulations of the Defence Forces approved by the Government of the Republic.

§ 67. Disciplinary punishment imposed prior to entry into force of this Act

(1)A disciplinary punishment imposed prior to the entry into force of this Act shall remain in force after the entry into force of this Act and expire pursuant to the procedure provided for in § 56 of this Act.

(2) A disciplinary punishment imposed prior to the entry into force of this Act may be contested in court pursuant to the procedure provided for in § 59 of this Act.

§ 68. Amendment of Defence Forces Service Act

In clause 35 2) of the Defence Forces Service Act(RT I 1994, 23, 384; 1995, 18, 240; 62, 1056; 1996, 25, 519; 49, 953), the words “under arrest for longer than seven days” shall be substituted by the words “under disciplinary arrest”.

§ 69. Amendment of Administrative Court Procedure Code

The following amendments are made to the Administrative Court Procedure Code (RT I 1993, 50, 694; 1994, 16, 290; 28, 425; 1995, 29, 358 and 359; 1996, 37, 739; 1997, 16, 260; 30, 472):

1)section 173is added to the Code worded as follows:

§ 173. Verification of lawfulness of disciplinary arrest imposed on member of Defence Forces as disciplinary punishment

(1) Upon verification of the lawfulness of disciplinary arrest imposed on a member of the Defence Forces as disciplinary punishment, the administrative court judge shall examine the corresponding written proposal by the commander who imposed the disciplinary arrest, the directive on imposition of disciplinary arrest appended thereto and the materials of the departmental investigation, and where necessary, demand additional materials concerning the imposition of the disciplinary punishment.

(2) The administrative court judge shall make a judgment promptly without holding a court session or ascertaining the facts of the act committed by a member of the Defence Forces on whether the imposition of the disciplinary arrest on the member of the Defence Forces was lawful, or shall declare the imposition of the disciplinary arrest to be unlawful, and verify if:

1) a disciplinary punishment may be imposed for the act committed by the member of the Defence Forces;

2) a departmental investigation was conducted before the imposition of disciplinary arrest;

3) the member of the Defence Forces has been informed of his or her rights and whether he or she has been granted the opportunity to give explanations with regard to his or her acts;

4) the commanding officer was competent to impose a disciplinary arrest on the member of the Defence Forces.

(3) Verification of the lawfulness of disciplinary arrest shall be prepared as a written judgment by the judge and a copy of the judgment shall be sent to the commander who submitted the notice concerning the imposition of disciplinary arrest”;

2)subsection (4) is added to § 20 of the Act worded as follows:

“(4) Upon verification of the lawfulness of disciplinary arrest, an administrative court judge may make one of the following judgments:

1) declare the imposition of disciplinary arrest on a member of the Defence Forces to be in compliance with the law;

2) declare the imposition of disciplinary arrest on a member of the Defence Forces to be unlawful.”.

§ 70. Entry into force of Act

This Act enters into force on 1 January 1998.

1 RT = Riigi Teataja = State Gazette

©FB

Trascina file per caricare