Exceeding power or official authority by the command of the Armed Forces – lawyer under Article 426-1 of the Criminal Code

One of the most important tasks of the state in the conditions of armed aggression is to maintain law and order and the legitimacy of the Ukrainian army. Observance of military discipline, defense capability and combat readiness is a very urgent issue. The central place in the system of measures to ensure the norms of military discipline belongs to Chapter XIX of the Criminal Code of Ukraine. If you need a lawyer under Article 426-1 of the Criminal Code of Ukraine - exceeding the power or official authority of the command of the Armed Forces, then we - the lawyers of "PRIKHODKO&PARTNERS" are ready to help you with this.

Composition of the crime under Article 426-1 of the Criminal Code of Ukraine

The main direct object of exceeding power or official authority by the command of the Armed Forces is social relations that arise in connection with their performance of power, organizational, administrative, economic, administrative functions. These functions were entrusted to the person by the relevant management apparatus (chief, command, state authorities, etc.).

 
Exceeding the authority or power by an official directly leads to a violation of the legitimate interests and rights of citizens. In addition, the object of the crime can be: dignity, honor and health of a person, social relations, etc. This is a mandatory condition for criminal liability. The assignment of damage itself indicates the presence of a constructive feature of the composition of the crime, i.e., the consequences of the crime.

The objective side of the crime is the behavior of the accused under Article 426-1 of the Criminal Code of Ukraine:

• Deliberately committing actions that directly go beyond the scope of granting the relevant person powers or rights.
• Application of influence measures against a subordinate that contradict the Charter.
• Committing violence against a subordinate.
• Committing the above actions with the use of weapons.

Thus, liability under Article 426x mandatory features:-1 of the Criminal Code of Ukraine occurs due to the presence of the following features:

1. Criminal actions.
2. Socially dangerous consequences.
3. Presence of a causal connection between the person's actions and the occurrence of socially dangerous consequences.

Punishment under Article 426-1 of the Criminal Code of Ukraine

Punishment under Article 426-1 of the Criminal Code of Ukraine depends on the nature of the crime:

• Restriction/deprivation of freedom for a period of 2 to 5 years - exceeding official powers.
• Deprivation of liberty for a period of 3 to 7 years - use of non-statutory measures, violence against a subordinate.
• Deprivation of liberty for a period of 8 to 12 years - actions committed in a combat situation or under martial law.

Why "PRIKHODKO&PARTNERS"?

"PRIKHODKO&PARTNERS" lawyers have the necessary practical experience to protect the interests of suspects and victims under Article 426-1 of the Criminal Code of Ukraine.

The main key to our success is promptness and an individual approach to each specific case. We will do everything we can to ensure that your legal rights are respected.

We are waiting for consultations! You can find information about the recording on our website. To calculate the price of lawyers' services under Article 426-1 of the Criminal Code of Ukraine, fill out the form below.