Refusal to perform a combat mission (Article 403 of the Criminal Code) – what is the responsibility for not fulfilling the order

Since the declaration of martial law, hundreds of soldiers have been mobilized into the ranks of the Ukrainian army and other military formations. During the service, there are very often cases when the military does not agree with the tasks set by the leadership. What is the punishment for refusing to perform a combat mission?

What is a combat mission/command order?

A combat task is an order of the commander (commander) to the troops (units, units, group, association or a specific serviceman) to achieve the goal defined by the leadership within a set period of time.

As for the content of the combat task, it may depend on the design of the operation, the type of combat operations, the type of troops and armed forces, combat capabilities, the number of troops and other conditions of the combat situation.

Among the types of combat missions:

• Operative.
• Tactical.
• Strategic.

The procedure for giving and subsequent execution of orders is provided for by the Statute of the Internal Service of the Armed Forces of Ukraine (Articles 35-38). As a rule, orders are given in order of subordination to one/group of servicemen in writing or verbally, for example, using modern technical means. The main requirement for the order is that it must be clearly formulated, without the possibility of double interpretation.

According to the current legislation, the commander is fully responsible for the given order, as well as for the excess of official authority/power, abuse. Guilty persons shall be held criminally liable for giving a knowingly criminal order.

Among the obligations of servicemen of the Armed Forces of Ukraine:

1. Carry out the order given to him in a clearly established time.
2. Report to the commander about the execution/non-execution of the order (in this case, it is necessary to specify the reasons for the non-execution of the order).
3. Immediately report to the commander about the inability to execute the order in a timely manner (partially or completely).

Legal responsibility for failure to comply with an order (Article 403 of the Criminal Code of Ukraine)

In accordance with Article 403 of the Criminal Code of Ukraine, refusal to perform a commander's combat task, committed in the absence of signs of disobedience, in a combat situation or under martial law, is punishable by imprisonment. The term is from 3 to 7 years.

Importantly:

A mandatory feature of the objective side of the crime, provided for by Article 403 of the Criminal Code of Ukraine, is the occurrence of serious consequences due to failure to comply with the order.

Please note: only a legal order can be executed. Criminal orders include orders, the criminal nature of which is clear and obvious both to the one who issues it and to the one to whom it is addressed. The criminality of such an order must be obvious beyond any doubt.

If you or your loved ones are accused of refusing to perform a combat mission, the lawyers of "PRIKHODKO & PARTNERS" will be able to develop the most effective defense strategy. We will make every effort to prove that the order or battle order had an illegal aspect. The main key to our success is an individual approach to each specific case. Sign up for the consultation and assistance of a lawyer on criminal issues for military personnel of the Armed Forces of Ukraine!