REFUSAL FROM EXECUTION OF ORDER IN WARTIME

In times of war, it is quite common for commanders to give orders that are quite difficult, and sometimes even impossible, to carry out. In this case, servicemen quite often ask themselves the question, which is whether it is possible to refuse the order if you consider it criminal or if it seems that there is no chance of returning alive from a combat mission. In this article, we will analyze the nuances of qualifying actions that are considered criminal and how to act so that your actions are not covered by the composition of the crime provided for by the Criminal Code of Ukraine.

Therefore, if you do not agree with the orders of the management, then you should understand the following. According to Article 402 of the Criminal Code of Ukraine, disobedience, i.e. open refusal to carry out a superior's order, as well as other willful failure to comply with an order, committed under martial law or in a combat situation, is punishable by imprisonment for a term of five to ten years.

According to Article 403 of the Criminal Code of Ukraine, failure to comply with a superior's order, committed in the absence of signs of disobedience, if it caused serious consequences, in conditions of martial law or in a combat situation, is punishable by imprisonment for a term of three to seven years.

It must be understood that the difference between the two crimes is that in case of failure to comply with an order, which is Article 403 of the Criminal Code of Ukraine, there is no open statement of unwillingness to comply with the order and certain demonstrative actions that indicate the subordinate's clear unwillingness to comply with the superior's order. It should also be noted that a mandatory feature of the objective side of this crime, provided for in Art. 403 of the Criminal Code of Ukraine, there are grave consequences for failure to comply with the order.

Responsibility for the order always rests with the person who gave the order, according to the Statute of the Internal Service of the Armed Forces of Ukraine and the Disciplinary Statute of the Armed Forces of Ukraine.

Article 41 of the Criminal Code of Ukraine states that an order or ordinance is legal if it: is issued by the relevant person in the proper manner and within the limits of his powers; does not contradict current legislation; not related to the violation of constitutional rights and freedoms of a person and a citizen.

Here it is worth noting that the execution of an obviously criminal order also entails responsibility, so a serviceman must understand that it is necessary to listen carefully and analyze the order for compliance with the law.

However, of course, a person who refused to comply with a clearly criminally illegal order or order is not subject to criminal liability.

It is worth noting that the person who executed the order can be exempted from responsibility if he was not aware and could not have been aware of the criminality of the order. In this case, only the person who issued the criminally illegal order is liable.

Of course, the serviceman must notify the commander in the form of a report about the execution or non-execution of the order. But there is one important detail here. Quite often, when the order is refused, the commanders threaten to recognize the servicemen as "disobedient" and threaten them with the same criminal articles of the Criminal Code of Ukraine. Of course, before bearing responsibility under these articles, you need to go through a long way and a court process, which can be prolonged in the conditions of war. That is why, before writing a report on the refusal, where the reasons for the refusal must be indicated, I recommend writing a report on the clarification of the order, which consists in the fact that the serviceman, in the form of a report, sets out the circumstances that, in his opinion, call into question the appropriateness of the given order and asks to clarify this order.

No matter how turbulent life is, one must understand that the powers of commanders are not unlimited, and in the event that they exceed them, it is always better to seek qualified professional help, so that freedom of will is not threatened due to a lack of understanding of the situation.