Failure to comply with an order due to health (Article 403 of the Criminal Code of Ukraine) – assistance of a lawyer in case of failure to comply with an order of the Armed Forces of Ukraine

The Decree of the President of Ukraine dated February 24, 2022 "On Provisions on the Military Service of Ukrainian Citizens in the Armed Forces of Ukraine" regulates the main grounds for removing a conscript from the register.

Among the main indications:

• Age 60+.
• Pregnancy.
• Invalidity.
• Presence of children under 3 years of age or 3 minor children.
• Caring for close relatives with disabilities or seriously ill.

There may be other grounds for excluding a conscript from military registration.

However, the following situation may arise:

A representative of the Armed Forces of Ukraine or other military formations who stood up to defend the Motherland refused to carry out the order due to his health. Does it come with a penalty? What to do in this situation? First of all, it is worth seeking help from a specialized lawyer "PRIKHODKO & PARTNERS", because failure to comply with the order is punishable by imprisonment from 5 to 8 years!

Article 403 of the Criminal Code of Ukraine: criminal liability for failure to comply with an order

Failure to comply with a military order, in accordance with Article 403 of the Criminal Code of Ukraine (parts 1-3), entails the following punishment:

• Imprisonment for up to two years.
• Service restrictions.

However, during the period of martial law, a military person may face a more severe punishment - imprisonment for a term of up to 7 years (Part 3 of Article 403 of the Criminal Code of Ukraine).

Failure to comply with an order due to health has an objective side. It is worth remembering that only a legal order can be executed. If we are talking about an order that can be characterized as criminal or it exposes you to obvious danger, it can be appealed. Assistance of a lawyer in case of failure to comply with the order of the Armed Forces of Ukraine is one of the areas of activity of "PRIKHODKO & PARTNERS" specialists.

Assistance of a lawyer in criminal proceedings under Art. 403 of the Criminal Code of Ukraine

Each serviceman of the Armed Forces has not only his duties, but also his rights. If, due to serious health problems, the soldier is unable to comply with the order or continue to serve, he must notify the command (for example, submit an application for removal from the record).

At the same time, the person must be released from the military duties assigned to him.

Quite often controversial situations arise, their resolution is possible only in court.

In the modern Criminal Code of Ukraine, the category of military violations is quite complex. Very often there are cases when, during criminal proceedings, overly harsh sanctions are imposed under Article 403 of the Criminal Code of Ukraine (most often due to the fact that it is confused with Article 402).

That is why a very important step to take is to use the services of a professional lawyer. We are a team of real professionals who will help protect your rights and interests. Our arsenal includes vast experience in conducting cases related to criminal proceedings against representatives of the Armed Forces and the National Guard.

The lawyers of "PRIKHODKO & PARTNERS" guarantee the confidentiality of the information received and professional assistance in accordance with all norms of modern Ukrainian legislation. We aim to get the result you want! We are waiting for you for consultations on failure to comply with an order due to health (Article 403 of the Criminal Code of Ukraine)! Leave a request for the calculation of the price of a lawyer's assistance in criminal proceedings in the form below!