A military unit may establish rules for smartphone use for security reasons, but this does not mean the right to unjustifiably appropriate personal property.
The command of a military unit may restrict the use of personal smartphones by servicemen, including for security reasons, but this does not mean the right to unjustifiably appropriate personal property, explained the Sumy Regional Territorial Center for Recruitment and Social Support.
When phone use can be restricted
A smartphone may be necessary for a serviceman to communicate with family, conduct banking operations, access documents, as well as use the “Army+” and “Diia” applications.
At the same time, during service, the use of a personal phone may be restricted for security reasons.
The procedure for using mobile phones by servicemen is determined by the commander of the military unit. This is provided for by Article 143 of the Internal Service Regulations of the Armed Forces of Ukraine.
Special restrictions apply during combat missions
The Ministry of Defense explains that in combat zones, the use of personal mobile phones and other electronic devices is prohibited by the relevant Instruction approved by the order of the Commander-in-Chief of the Armed Forces of Ukraine No. 165 dated April 29, 2024.
Such restrictions are related to the safety of servicemen and units. The signal emitted by a phone can be used by the enemy to determine the location of military personnel.
Can a commander confiscate a smartphone permanently
Temporary restriction of phone use and unjustified appropriation of personal property are different things.
If, according to the established procedure in the military unit, phones are temporarily handed over for safekeeping, this does not mean that the smartphone becomes the property of the military unit.
According to the Ministry of Defense, personal mobile devices in military units and subdivisions must be stored in specially equipped places. At the same time, the procedure for their use is determined by the command.
What a serviceman needs to clarify
The commander may impose restrictions on the use of smartphones, especially if necessary for security during task execution.
However, such a restriction does not mean an unlimited right to confiscate or appropriate a serviceman’s personal phone.
First of all, it is necessary to clarify by which order or directive the procedure for using mobile phones is established in the specific military unit.
Legal basis
The procedure for using phones by servicemen is determined, in particular, according to Article 143 of the Internal Service Regulations of the Armed Forces of Ukraine — Law of Ukraine No. 548-XIV.
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