Publication date: 30.05.2024
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Disobedience to military command
Insubordination in the context of military service means the refusal of a service member to obey lawful orders established by military regulations or command. This is a breach of military discipline that can have serious consequences, including disciplinary action, administrative punishment or even criminal liability if the situation becomes extremely serious.
Disobedience can be manifested in refusal to follow orders, opposition to military discipline, or violations of internal military regulations. Military laws and regulations usually provide procedures and penalties for cases of insubordination, and command is empowered to take appropriate measures to ensure the discipline and efficiency of the military service.
Liability is stipulated by the current legislation
Article 402 of the Criminal Code of Ukraine regulates responsibility for disobedience, i.e. open refusal to comply with a superior's order or other deliberate failure to comply with an order. The punishment for this crime varies depending on the circumstances:
If the disobedience was committed by one person and did not cause serious consequences, then service restriction for a term of up to two years, detention in a disciplinary battalion for the same term or imprisonment for a term of up to three years is provided.
In the event that disobedience is committed by a group of persons or has led to serious consequences, deprivation of liberty is provided for a term of three to seven years.
If the act was committed in the conditions of a special period, with the exception of martial law, then imprisonment for a term of five to seven years is provided.
In the case of disobedience committed under martial law or a combat situation, deprivation of liberty is provided for a period of five to ten years.
It is important to note that "combat situation" should be understood as the situation of an offensive, defensive or other military battle, which includes the direct use of military weapons and equipment.
Legal assistance
When a person is accused of committing a crime under Article 402 of the Criminal Code of Ukraine (disobedience), it is important to have qualified legal assistance. A lawyer can provide several key services:
Legal protection:
The lawyer will assess all the circumstances of the case and ensure the protection of the rights and interests of the accused. He clearly understands the law and can develop a defense strategy.
Support during the investigation:
The lawyer will provide support during the investigation, help collect the necessary evidence and documents, and also defend the interests of his client during interrogations and other procedural actions.
Representation in court:
The lawyer will represent the interests of the accused in court, argue his position and try to achieve the maximum possible result, including a reduced sentence or acquittal.
Consultations and support:
The attorney will advise on all matters related to the Section 402 felony charge and provide support throughout the process.
Therefore, the involvement of a lawyer can greatly facilitate the situation for the accused and help ensure a fair result.
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