1. The subject of the dispute is the appeal of the court’s verdict regarding a serviceman convicted of illegal possession of ammunition (Article 263, Part 1 of the Criminal Code of Ukraine).
2. The court of first instance found PERSON_6 guilty based on evidence, including a search protocol, an examination of ammunition, and letters from the military unit confirming that the ammunition was stored illegally. The appellate court upheld the verdict, rejecting arguments about the legality of storing ammunition as a serviceman and the existence of a permit for weapons of a different caliber. The Supreme Court partially granted the cassation appeal, noting that the previous courts did not take into account the positive characteristics of PERSON_6 as a serviceman, his participation in the defense of the country, and the possibility of his correction without actual imprisonment. The court took into account that the continuation of military service would allow PERSON_6 to effectively fulfill his civic duty. The Supreme Court decided that in this particular case there were grounds for release from serving the sentence with probation, entrusting supervision of the convicted person to the commander of the military unit.
3. The Supreme Court amended the court decisions, releasing PERSON_6 from serving the sentence with probation based on Article 75 of the Criminal Code of Ukraine, establishing a probationary period and entrusting supervision to the commander of the military unit.
