Publication date: 30.05.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
Failure to comply with an order by a serviceman
A military order is a document issued by a military leadership or command to regulate various aspects of a military organization's activities. Ukraine also has its own system of military orders that regulate the work of the Armed Forces and other military formations.
Military orders may contain orders for appointments to positions, orders for conducting military exercises, production tasks, rules of internal procedure, requirements for discipline and security, instructions for conducting combat operations, etc.
These orders are mandatory for all personnel of the military organization and are an important element of ensuring the effective operation of military units. They can also be used as evidence in court proceedings.
A military officer's failure to comply with a military order can have serious consequences because it violates military discipline and can jeopardize the safety and effectiveness of a military unit.
A military employee has the duty to comply with all orders and orders issued by military leadership or command. Failure to comply with such orders may result in various types of liability, including disciplinary action, disqualification from certain official positions, or even criminal liability in the event of a serious violation.
In the event that a military employee cannot carry out an order for objective reasons (for example, due to illness or other unforeseen circumstances), he must immediately notify his superior or commander and receive appropriate instructions on further actions.
In any case, it is important to consider that failure to comply with military orders can have serious consequences both for the military officer himself and for the military unit as a whole.
Liability for refusal to comply with an order
Article 403 of the Criminal Code of Ukraine, which provides for responsibility for failure to comply with the superior's order.
According to this article:
Failure to comply with the superior's order, if it caused serious consequences and was committed without the signs specified in part one of Article 402 of the Criminal Code of Ukraine (regarding abuse of official position or official powers), is punishable by service restriction for a term of up to two years or detention in a disciplinary battalion for a term of up to one year, or imprisonment for up to two years.
The same actions, if they are committed in the conditions of a special period, except for martial law, are punishable by imprisonment for a term of two to five years.
The same actions, if they are committed under martial law or in a combat situation, are punishable by imprisonment for a term of five to eight years.
Therefore, failure to comply with a superior's order may have serious legal consequences, depending on the circumstances and conditions under which it is committed.
It all depends on the specific situation, but it is important to have a qualified attorney on your side to protect your rights and interests in any legal issues that arise in connection with military service. If you are facing criminal charges, an attorney will represent you in court, defend your interests, and help you with your case. The lawyer will develop a strategy to protect your rights and interests in accordance with your situation.
