WHAT TO DO IF YOU ARE ACCUSED OF DISOBEDIENCE - legal aid
During martial law, situations often arise when servicemen cannot or refuse to carry out combat tasks and orders. Servicemen of the Armed Forces of Ukraine, the Security Service, the State Border Guard Service, the National Guard and other military formations are responsible for committing war crimes. The purpose of this article is to analyze cases of disobedience, to identify their causes, consequences, as well as legal norms regulating responsibility for such actions.
What is disobedience?
This is a direct refusal to carry out a lawful order of the superior or deliberate disregard of it (Article 402 of the Criminal Code of Ukraine).
An order is a mandatory requirement of a manager regarding the performance or non-performance of certain official tasks by subordinates. In case of disobedience or resistance of a subordinate, the commander must act in accordance with the statutes of the Armed Forces of Ukraine — from the use of coercion to bringing the violator to criminal liability.
A military serviceman can openly refuse to perform a task or formally agree, but not perform it. However, according to Art. 60 of the Constitution of Ukraine, in the case of clearly criminal orders or orders, they may not be executed. The subordinate who executed such an order and the commander who issued it bear criminal responsibility. For example, during hostilities, a commander orders to shoot at civilians or destroy residential buildings - such an order is illegal, and responsibility will not arise for its non-fulfilment.
If a serviceman violates a statute or instruction, it may be considered misconduct or negligence, but not insubordination.
What consequences can this have?
Failure to comply with the order is punishable by up to 2 years of service restriction (for example, the impossibility of promotion by position or rank) or stay in a disciplinary battalion, or up to 3 years of imprisonment.
If it was committed by a group of persons, led to serious consequences, or was committed in the conditions of a special period, the punishment can be up to 7 years of imprisonment. For disobedience in the conditions of martial law or combat situation - from 5 to 10 years of imprisonment.
How does disobeying an order differ from disobedience?
The difference between disobeying an order and disobedience is the attitude of the perpetrator towards the actions and their consequences.
When an order is not followed, the fault usually lies in carelessness. The culprit did not consider the possibility of not carrying out the order, although he should and could foresee the consequences. Or knowingly did not fulfill the order, recklessly counting on the circumstances due to which the order will be fulfilled. This is called the subjective side of the crime.
This, together with other features of the crime (serious consequences), allows us to distinguish non-compliance with the order (Article 403 of the Criminal Code of Ukraine) from the offense provided for in Part 2 of Article 402 of the Criminal Code of Ukraine (disobedience that caused serious consequences).
Instead, the subjective side of disobedience includes guilt in the form of direct intent manifested in disobeying an order. The guilty party's attitude to the grave consequences of disobedience (Part 2 of Article 402 of the Criminal Code) can also be characterized by carelessness.
If the serviceman did not comply with the order, but there were no serious consequences, then the actions are not qualified under Art. 403 of the Criminal Code of Ukraine, and may provide for disobedience (Article 402 of the Criminal Code of Ukraine).
Current questions - answers
Questions
What are the consequences for disobedience?
Answer
A charge of disobedience can result in criminal charges, fines or even imprisonment. In order to understand all the possible consequences and protect your rights, it is important to get the advice of a lawyer who will help determine further actions.
Questions
What to do if you are accused of disobedience?
Answer
In such a situation, the first priority is to contact a qualified lawyer for legal assistance. A specialist will help you understand the charges and prepare you for your defense in court. You can get advice on this issue on the legal portal.
Questions
Is it possible to avoid punishment for disobedience?
Answer
In some cases, it is possible to appeal the charge. A lawyer will help you gather evidence to prove your case is right or wrong. To learn more about possible defense strategies, seek legal advice.i
Legal protection of servicemen in cases of accusation of insubordination
Legal consultation and legal support for servicemen accused of insubordination include providing legal advice on protecting the rights and interests of a serviceman in criminal proceedings. The consultation includes an analysis of the legal situation, an explanation of legal norms and possible consequences in accordance with the current legislation. Legal support includes preparation of the defense, representation of the interests of the serviceman during the investigation and court process, as well as defense in case of punishment.
In the context of martial law and combat conditions, insubordination refers to the refusal of military personnel to obey lawful orders, which can lead to serious consequences, including criminal liability. It is distinguished from failure to comply with an order based on the offender's attitude to his actions and their consequences: while failure to comply may be due to carelessness or negligence, disobedience is expressed in the willful avoidance of compliance, which can lead to serious legal consequences, including a sentence of up to 10 years imprisonment for particularly serious cases. The lawyer provides the military serviceman with the necessary legal support, including protection against wrongful accusations and maximum reduction of legal consequences if possible.
