Refusal of a serviceman to comply with the commander’s order. Criminal responsibility under Art. 403 of the Criminal Code of Ukraine

Since the declaration of martial law, tens of thousands of Ukrainian men have been mobilized into the ranks of the Armed Forces of Ukraine. All military personnel have one single task - to fight the enemy. However, during military service, there are cases when servicemen do not agree with the commander's orders. In this article, we will consider the risks of a serviceman's refusal to comply with the commander's order. Protection of the interests and rights of military personnel is one of the activities of PRIKHODKO&PARTNERS lawyers.

What orders can be considered illegal?

The category of illegal orders includes orders that:

• Contrary to the content of the current legislation.
• Given by a person not within the scope of his powers and in an improper manner.
• Related to the violation of constitutional freedoms and rights of a person and a citizen of Ukraine.

The illegality of the order can be assessed on a case-by-case basis. This is quite difficult to do in combat conditions. Important: Your disagreement with the order, its effectiveness and appropriateness does not in itself mean that the commander's order is actually illegal.

Among the varieties of an illegal order is a criminal order. This is an order that provides for the commission of an act, action or inaction for which responsibility is established by the current Criminal Code of Ukraine.

The main characteristic of the order is its obvious criminality, i.e., obviousness both for the commander and for the serviceman and other persons. If, even after writing a report or clarifying, the commander requires you to carry out an obviously criminal order, it must be documented and submitted to higher management.

Criminal responsibility for a serviceman's refusal to comply with a commander's order

According to Article 403 of the Criminal Code of Ukraine, failure to comply with a superior's order, which is committed in the absence of signs of disobedience in a combat environment or under martial law, is punishable by imprisonment. The term of punishment is from 3 to 7 years.

A mandatory feature of the objective side of the crime is the occurrence of serious consequences due to failure to comply with the order.

According to the Disciplinary Statute and the Statute of the Internal Service of the Armed Forces, the commander, i.e., the chief, is responsible for the given order, its compliance with the current legislation and its consequences.

Important: a person who refused to comply with an obviously illegal order or order is not subject to criminal liability. At the same time, the executor of the order may be exempted from criminal liability if he could not or was not aware of the criminality of the order. In this case, the responsibility applies only to the person who gave the illegal order.

If you are threatened with punishment under Article 403 of the Criminal Code of Ukraine, seek help from real professionals in your field - PRIKHODKO&PARTNERS lawyers. We will be able to prove your innocence or significantly reduce the sentence. The main key to our success is extensive practical experience.

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