DISOBEDIENCE, WILLFULLY LEAVING A MILITARY UNIT OR PLACE OF SERVICE

In today’s war conditions, a very large number of servicemen turn to military lawyers. The reasons may be different, but, unfortunately, the most common are criminal cases that are initiated against our military during the war, namely on the basis of alleged disobedience, voluntary abandonment of a military unit or military service.

Sometimes, indeed, the above-mentioned offenses do occur, however, based on practice, the majority of servicemen did not commit the offense, and the offender receives similar charges of committing a criminal offense only due to certain circumstances in which they had to fall, mostly not of their own free will.

DISOBEDIENCE

Let’s start with disobedience. Disobedience is characterized by intent, namely the deliberate non-fulfillment of the commander’s order.
However, how to be a soldier when the nearest commander ordered to change the place of deployment due to an inadequate level of training, equipment of fighters, an inadequate amount of ammunition in relation to the weapons and the number of the enemy. After that, the senior commander from the one who gave the order to change or leave the positions, gives the order to return to the previously occupied positions, and at this moment information is entered in the ERDR regarding the soldiers on the basis of the offense provided for by the provisions of Art. 402 of the Criminal Code of Ukraine.

It turns out that servicemen can unfairly receive negative consequences based on the orders of the commander who tried to preserve the life and health of the soldiers.

In this case, it is necessary to refer to the fact that no order was deliberately violated, that the order of the immediate commander was carried out, and the subsequent order to return to the position can be carried out after the appropriate level of appropriate training, equipment and weapons in accordance with the forces and type of the enemy’s army, and also after eliminating any threat of criminal prosecution.

This category of cases is quite specific, however, if you or your loved ones from the military circle find themselves in a similar situation, it is better to immediately contact a specialist.

ARBITRARY TERMINATION OF A MILITARY UNIT OR PLACE OF SERVICE

Under martial law, this offense will have aggravating circumstances. This offense can consist of both involuntarily leaving a place of service or a military unit, and not showing up on time without valid reasons for service in the case of dismissal from a unit, assignment or transfer, failure to show up for a business trip, vacation or medical institution.

The offense in this case is the absence of a serviceman without the permission of the relevant superior.

Reasonable reasons for not showing up for duty on time should be considered such objective factors that prevent a serviceman from arriving at the unit in a timely manner (natural disaster, detention by authorities, interruption in traffic, etc.). The question of valid reasons for non-appearance is decided in each specific case based on the circumstances of the case.

That is, criminal liability based on Art. 307 of the Criminal Code of Ukraine should occur only in the absence of permission (for example, the unit commander), in the event that the serviceman had the intention of voluntarily leaving the unit or the place of service, as well as not arriving at the place of service in a timely manner.