Refusal of a serviceman of the Armed Forces of Ukraine to participate in hostilities

The start of a full-scale war mobilized the majority of the population of Ukraine. Some became volunteers, helping civilians and military, others became part of the Armed Forces of Ukraine. However, in the course of military service, life circumstances may arise when military personnel cannot fully fulfill the tasks assigned to them. Among the very common cases is the refusal of a serviceman of the Armed Forces to participate in hostilities. PRIKHODKO&PARTNERS lawyers will help to solve this and other problems related to military service under martial law.

In what cases can a serviceman of the Armed Forces refuse to participate in combat operations?

A serviceman of the Armed Forces may be dismissed from military service due to his health. The reason for this is a resolution of the People's Liberation Army on unfitness for military service with removal from military registration. Legislation directly establishes the following rule: the dismissal of military personnel without a medical examination and inpatient examination is prohibited. For example, if a conscript was drafted into the Armed Forces without a full medical examination, he has the right to request a new examination. If management refuses to refer a person for a medical examination, these actions must be appealed.

What punishment comes into effect after a serviceman of the Armed Forces refuses to participate in hostilities?

According to the Statute of the Internal Service of the Armed Forces, the duties of the commander (chief) and subordinates are clearly distinguished: commanders give orders, conscripts carry them out unconditionally. If a serviceman shows disobedience, criminal liability arises (Article 402 of the Criminal Code of Ukraine). The consequences of a serviceman's refusal to participate in hostilities are significant. That is why it is very important to understand the responsibility for disobedience, as well as to assess the possibilities of defending one's rights in the process of considering the case.

Article 402 of the Criminal Code of Ukraine states that disobedience is an open refusal of conscripts to obey the orders of the superior. That is, the refusal to fulfill the order, expressed in writing or orally. This article contains 4 parts. Each of them outlines the responsibility and conditions for failure to comply with the order.

• Part one: deprivation of liberty for up to 3 years, service restriction for up to 2 years.
• Part two: refusal to carry out an order by a group to a person and/or causing serious consequences - deprivation of liberty for a term of 3 to 7 years.
• Part three: disobedience in the conditions of a special period - deprivation of liberty for a period of 5 to 7 years.
• Part four: disobedience in a combat situation or martial law - from 5 to 10 years.

A pre-trial investigation into the refusal of a serviceman of the Armed Forces to participate in hostilities is conducted by the SBI (State Bureau of Investigation). At this stage, a pre-trial investigation and investigation of a serviceman of the Armed Forces is taking place.

After receiving the document about the offense, the SBI submits a request to the court to keep the accused in custody. The court considers the case, after which it makes a decision on the dish.

If you or your loved ones are accused of refusing to participate in hostilities, that is, under Article 402 of the Criminal Code of Ukraine, make an appointment with the best lawyers in Kyiv - PRIKHODKO&PARTNERS lawyers.

To calculate the cost of a lawyer's services, fill out the form below.