Фото: What is the penalty for refusing to comply with the order?

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What is the penalty for refusing to comply with the order?

Reading time: 3 min.

Offenses in the military sphere are serious crimes, especially during martial law. In the current Ukrainian legislation, Chapter 19 of the Criminal Code of Ukraine is dedicated to them. At the legislative level, criminal responsibility for refusing to comply with an order is established. If you are charged under this article, contact the lawyers of "PRIKHODKO & PARTNERS". You will be able to receive professional advice and a strategy for further cooperation.

Failure to comply with an order: features of the crime in Ukraine

Disobeying an order is a war crime. Punishment for this crime comes in accordance with Articles 402, 403 of the Criminal Code of Ukraine.

The subject of the crime is a military serviceman subordinate to the superior (leader). The subjective side of the crime is carelessness.

The object of the crime is the order of execution of orders in accordance with the current Ukrainian legislation in military formations. The objective side of the crime is inaction.

According to Article 403 of the Criminal Code of Ukraine, responsibility for non-fulfillment of an order arises, including when the order was not fulfilled on time, correctly and completely due to forgetfulness, inattention, etc.

An obligatory component of the objective aspect of the crime is the occurrence of grave consequences:

  • Fire.
  • Catastrophe.
  • Accident.
  • Assignment of significant material damage.
  • Significant environmental pollution, etc.

Punishment for refusing to comply with an order

voenniy-advokat

In case of refusal to comply with the order (disobedience) during the period of martial law or in a combat situation, the punishment is restriction of freedom for a period of 5 to 10 years.

Combat situation - the situation of offensive, defensive or other combined military, tank, sea, air/anti-aircraft combat, etc. The battle situation has its beginning and end in accordance with the current orders of the command.

 

Importantly:

Punishments for committing a crime are not applied to criminal offenses committed by military personnel of Ukrainian peacekeeping contingents in the course of military service on the territory of other countries.

In accordance with the Disciplinary Statute and the Statute of the Internal Service of the Armed Forces of Ukraine, the chief (commander) is responsible for the given order, the compliance of the order with the legislation of Ukraine and the consequences of the given order.

An order is considered legal:

  • Issued by the appropriate person within the scope of authority and due process.
  • The content of which does not contradict the current legislation.
  • It is not related to the violation of constitutional freedoms and human and citizen rights.

Thus, only a legal order should be enforced. If we are talking about an obviously criminal order, criminal proceedings are not provided for the refusal to execute it.

"PRIKHODKO & PARTNERS" specialists will be able to build the most effective protection strategy in accordance with current Ukrainian legislation. All servicemen have the right to defend their rights and freedoms in accordance with the specifics defined by the laws of Ukraine, the statutes of the Armed Forces of Ukraine, the Constitution of Ukraine and other regulatory and legal acts. Leave an application for the calculation of the cost of a military lawyer's assistance in criminal proceedings under Article 403 of the Criminal Code of Ukraine!

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Expert in criminal law. The lawyer specializes in crimes of corruption and bribery. Protect you in your criminal proceedings.

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