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Publication date: 31.10.2024
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The order of the commander of a military unit is an official order issued by the commander for the organization and performance of official tasks, ensuring military discipline and order in the military unit. Military servicemen are obliged to carry out the orders of their commanders in accordance with the legislation of Ukraine on military service. Orders are issued in accordance with the statutes and laws of Ukraine that regulate military service, and on the basis of the Ministry of Defense's guidance documents.
Failure to comply with the order may result in disciplinary, administrative or criminal liability, depending on the seriousness of the situation and the consequences of failure to comply. A military serviceman may refuse to comply with an order if it clearly contradicts the law or violates human rights. However, such a refusal must be justified and legally justified in order to avoid liability for disobedience. If the serviceman did not understand the order or cannot fulfill it due to objective reasons, it is important to act in accordance with military rules and discipline.
The main recommendations of what a serviceman can do in such a situation:
- Clarify the content of the order: if the order seems unclear or needs clarification, the serviceman has the right to contact the commander for additional explanations. It is important to formulate the question clearly and correctly, so as not to look like unwillingness to follow the order, but only a desire to clarify the details.
- Report objective circumstances that prevent execution: if there are objective reasons that prevent the execution of the order (for example, lack of appropriate resources or physical limitations), the serviceman must immediately notify the commander. It is necessary to explain the circumstances specifically and with reference to the facts that make it impossible to execute the order.
- Documenting the circumstances: if the execution of the order is impossible or dangerous, it is worth documenting the relevant circumstances, for example, by notifying in writing or through a report. This can be important to protect the service member from possible disciplinary or legal consequences in the future.
Question
Can a serviceman refuse to comply with the commander's order?
Answer
Yes, if the order could potentially lead to a violation of the law or poses a threat to life or health, the serviceman has the right to seek legal assistance. A military lawyer will help determine whether there are grounds for refusing to comply with the order, as well as protect against possible disciplinary action. In some cases, if the order contradicts the law or moral principles (for example, a clearly illegal order), a serviceman has the right to refuse to carry out such an order. However, there should be reasons for this that can be justified legally.
The commander's order is one of the main elements of military discipline and management, and its legitimacy and mandatory execution are guaranteed by the statutes and laws of Ukraine. The right approach to unclear or complex orders will help avoid negative consequences and ensure compliance with the law and military requirements.
A military lawyer of the "Consultant" legal service can help a serviceman in a situation where the commander's order is unclear or there are objective reasons that make it impossible to carry it out.
The main services that a military lawyer of the legal marketplace "Consultant" can provide:
- Analysis of the order and consultation: clarification of the rights and obligations of the serviceman regarding the execution of the order. Assessment of the legality of the order and the possible consequences of its implementation or non-implementation. Providing recommendations on how to act in case the order is unclear or will cause difficulties in its implementation.
- Assistance in drafting a request for clarification: a lawyer can help draft a written request to the commander with a request to clarify the content of the order or clarify the details of execution. Preparation of a report on the objective circumstances that make it impossible to execute the order, specifying the specific reasons and documentary evidence.
- Legal protection in the event of disciplinary action: representation of the interests of a serviceman in the event of disciplinary action for failure to comply with an order. Appeal of unlawful charges or fines imposed for refusal or impossibility of fulfilling the order, if such actions of the serviceman were justified.
- Assessment of the risks of criminal liability: consultation on possible grounds for criminal liability if the order is not executed, and protection in the event of the initiation of criminal proceedings. Representation of the interests of the serviceman in investigative bodies or in court if proceedings are initiated under the article on disobedience.
- Appealing an unlawful order: if the order violates the law or the rights of the serviceman, the lawyer will help collect evidence and file a complaint with the higher command or the military prosecutor's office. Protection of the rights of the serviceman in court if the appeal of an unlawful order requires a court hearing.
The assistance of a lawyer may be required in the following cases of failure to execute the commander's order:
Clarity or incomprehensibility of the order: if the serviceman did not understand the content of the order and was therefore unable to execute it, the lawyer will help to correctly draw up a report or request for clarification.
Objective impossibility of carrying out an order: when a serviceman was unable to carry out an order due to objective reasons (for example, lack of resources, physical condition or other conditions), a lawyer will help to draw up an explanation or report in order to avoid disciplinary liability.
Refusal to carry out a clearly illegal order: if the order violates the law, a lawyer can help to prepare a legally justified refusal to carry out such an order.
Disciplinary action for failure to comply with an order: If the command initiates disciplinary action for failure to comply with an order, the lawyer will help prepare a defense, prove the existence of good cause or the non-compliance of the order with legal requirements.
The services of a military lawyer allow servicemen to act legally, minimize the risks of disciplinary or criminal liability, and protect their rights in difficult situations related to the execution of orders.
In cases where failure to comply with an order may constitute a serious criminal offense (such as insubordination or evasion), a lawyer will provide a defense during the pre-trial investigation and in court. A lawyer will help gather evidence in favor of the serviceman and develop a defense strategy. The assistance of a lawyer in these situations will ensure the protection of the serviceman's interests, legal support in the event of a conflict with the command, and help to avoid or minimize disciplinary or criminal consequences.
