Putin Expands Military Authority: Commanders Can Now Detain Soldiers Without Court Orders

President Vladimir Putin has issued a decree that empowers military commanders in combat zones to detain soldiers for violations without needing a court’s approval.

This decree, which modifies the Disciplinary Code of the Armed Forces, is part of a larger initiative aimed at enhancing oversight of troops as the conflict in Ukraine enters its fourth year.

Under the new provisions, unit commanders are now authorized to impose sentences of up to 10 days of detention at makeshift facilities near the front lines, referred to as guardhouses, a privilege that was previously reserved for military courts located in garrisons.

According to the updated guidelines, commanders can carry out internal investigations and, within two days of completing the inquiry, decide whether to send the case to a court or impose disciplinary measures on the soldier directly.

The Defense Ministry, which advocated for these changes last autumn, stated that military courts are often situated far from active conflict areas, making it challenging to swiftly address disciplinary issues. The movement of soldiers to these courts can also hinder military operations and deplete resources, the ministry added.

Guardhouses were officially eliminated in Russia in 2002 following the country’s ratification of the European Convention on Human Rights but were reintroduced in 2007 to address serious offenses, including unauthorized absences, failure to report for duty without justification, and substance abuse.

Since the onset of the full-scale invasion of Ukraine, the Defense Ministry has reinstated temporary field guardhouses, essentially creating covert detention locations, commonly known as «basements,” for contracted and mobilized soldiers accused of various infractions.

Potential infractions that could lead to detention now include the use of smartphones and similar devices during off-duty hours.

In July 2024, the State Duma, the lower house of parliament, passed a law prohibiting the usage of personal smartphones and devices with cameras or internet capabilities in combat zones, except when necessary for operational purposes.

This legislation was prompted by instances of soldiers using their personal devices to document incidents like unlawful detentions, abuses by fellow service members, and shortages of equipment.