Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Responsibility for resistance to the commander
Resisting a commander is a serious breach of military discipline and can have significant legal consequences. In Ukraine, this type of offense is regulated by the Criminal Code of Ukraine (CCU) and the Disciplinary Statute of the Armed Forces of Ukraine. In this article, we will consider the main aspects of responsibility for resisting the commander.
1. Legislative framework
Liability for resisting the commander is regulated by Article 402 of the Criminal Code of Ukraine. This article defines what resistance to a commander is and what sanctions can be applied to guilty persons.
2. Definition and types of offense
Resistance to the commander includes actions aimed at opposing the execution of the commander's orders or orders. This can manifest itself in the form of:
Active resistance:
Physical resistance, such as the use of force against a commander or other members of the military who are following the commander's orders.
Verbal resistance, including threats, insults, or other forms of verbal confrontation.
Passive resistance:
Refusal to obey orders or orders of the commander.
Ignoring orders or deliberately delaying their execution.
3. Punishment for offenses
The punishment for resisting the commander is determined by the Criminal Code of Ukraine and depends on the nature of the offense and the circumstances under which it was committed.
Resistance to the commander without aggravating circumstances:
Imprisonment for a term of three to seven years.
Resistance to the commander, committed by a group of persons or with the use of weapons:
Imprisonment for five to ten years.Resistance to the commander, committed in the conditions of a special period, except for martial law, or in a combat situation:
Imprisonment for a term of five to twelve years.
Resistance to the commander, committed under martial law or in a combat situation:
Imprisonment for a term of eight to fifteen years.
4. Peculiarities of law enforcement
When determining responsibility for resisting the commander, various factors are taken into account:
Circumstances of the offense: The circumstances under which the resistance was committed, such as combat conditions or a special period, play an important role.
Motives and purpose of actions: The motives that prompted the serviceman to resist and the purpose he pursued are considered.
Consequences of the offense: Important are the consequences to which the resistance led, in particular, whether it caused a threat to the life and health of other military personnel or civilians.
5. Disciplinary responsibility
In addition to criminal liability, a serviceman who resisted the commander may be subject to disciplinary liability in accordance with the Disciplinary Statute of the Armed Forces of Ukraine. Possible disciplinary actions include:
Reprimand or severe reprimand.
Deprivation of the right to receive another military rank.
Deprivation of the right to wear military awards.
Injury in official duties.
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