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Publication date: 16.04.2024
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Disobeying an order by a serviceman is a serious offense in military discipline that can have significant consequences both for the serviceman himself and for the overall combat readiness and effectiveness of the military unit. The legislation of many countries, including Ukraine, provides for criminal liability for such actions/
Grounds for liability. Military law and discipline require unquestioning execution of lawful orders from superior commanders. Failure to comply with the order can be considered as:
Refusal to carry out an order - when a serviceman openly refuses to carry out an order. Intentional failure to comply with an order is when a serviceman intentionally ignores or fails to comply with an order.
Legal aspects:
Legality of the order: The order is considered legal if it does not contradict the current legislation and corresponds to the tasks of the military service. Orders that violate the law or compel the commission of criminal acts are not enforceable.
Article 403 of the Criminal Code: In Ukraine, failure to comply with an order is subject to liability in accordance with Art. 403 of the Criminal Code of Ukraine. Punishment can range from fines to imprisonment, especially if the failure occurred during hostilities or during a special period.
Practical steps for military personnel:
Request to verify the legality of an order: If there is doubt about the legality of an order, a service member may request clarification or confirmation through a higher command.
Legal Assistance: If charged with failure to comply with an order, professional legal assistance should be sought from a qualified military attorney.
Considering the seriousness of this matter, military personnel should be very responsible in carrying out orders, especially in wartime or special period conditions, lawyer in case of non-execution of an order.
Lawyer in case of failure to comply with the order of Article 403 of the Criminal Code, pre-trial protection. Article 403 of the Criminal Code of Ukraine (CPC) provides for liability for failure to comply with an order. This is a serious offense that can have significant consequences for a member of the military, as discipline and following orders are fundamental to the functioning of the armed forces.
What Article 403 of the Criminal Code provides for: Liability for refusal or willful non-fulfillment of orders by military officials (at the same time, the orders must be legal). If the refusal or non-compliance occurs during hostilities or during a special period, the punishment may be particularly severe.
Punishment for failure to comply with an order may include:
Fine;
Limitation of will;
Deprivation of liberty for a certain period.
The role of a lawyer in cases under Art. 403 of the Criminal Code:
Defense in court: A lawyer can provide qualified defense at all stages of the criminal process, helping the serviceman conduct his defense.
Assessing the legality of the orders: An important element of the defense is the analysis of the legality of the order that was not carried out. An attorney can help determine whether the order was legal and reasonable.
Evidence base: Preparation and presentation of evidence that can confirm the reasons and circumstances of non-fulfillment of the order.
Mitigation of punishment: In the event that the guilt of the serviceman is proven, the lawyer can work on mitigating the punishment, based on the circumstances of the case and the personal qualities of the accused.
Contacting an experienced lawyer is an important step to ensure the rights and interests of a serviceman in similar legal situation - pre-trial defense.
