While the border guard went to the toilet, the man fled to Poland: what the court decided

The Mostyskyi District Court of Lviv Region found a serviceman of the State Border Guard Service guilty of violating the rules of service during martial law. The court imposed a minimum fine of 17,000 hryvnias for leaving his duty station without authorization, which led to the citizen illegally crossing the border.

This is a ruling in case No. 448/2117/25. The court considered the circumstances of the incident that occurred on August 20, 2025 at the site of the border guard department located within the Shegynivska AH of Yavoriv district. The serviceman served as an operator of special technical means, but during the shift he left his post to visit the toilet.

It was during this period that one citizen illegally crossed the state border from Ukraine to Poland in the area of ​​border signs 504–505. Later, the fact of the crossing was confirmed by materials from an official investigation.

The court found that the border guard's actions violate Article 4 of the Disciplinary Statute of the Armed Forces of Ukraine, as well as the requirements of Order No. 1350-AG of May 31, 2024, which regulates the organization of the service and the use of bispectral surveillance cameras at the border.

During the trial, the serviceman admitted his guilt. In his explanations, he noted that he was absent for a short time, acted independently, and had no intention of violating the rules of service. The court took into account his family circumstances — raising three children — and his health, but emphasized that these factors are not mitigating factors, since the law does not directly define them as such.

The proceedings included a protocol on the administrative offense, a service description, written explanations, a conclusion of the service investigation, and other documents. Based on the evidence collected, the court concluded that the materials were sufficient to establish guilt "beyond reasonable doubt."

Given that the offender had not previously been held accountable, had a mediocre service record, and had no aggravating factors, the court imposed the minimum fine provided for in Part 2 of Article 172-18 of the Code of Administrative Offenses — UAH 17,000.

The fine must be paid within 15 days from the date of delivery of a copy of the resolution. In case of delay, the amount of the fine will automatically double, and the enforcement service will carry out compulsory collection.

In addition to the fine, the court ordered the serviceman to pay a court fee of UAH 605.60. The ruling can be appealed to the Lviv Court of Appeal within 10 days through the Mostyskyi District Court.

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