Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Responsibility for issuing a criminal order
Giving a criminal order is a serious offense that can have significant legal consequences for a service member. In Ukraine, responsibility for 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 issuing a criminal order.
1. Legislative framework
Responsibility for issuing a criminal order is regulated by Article 41 of the Criminal Code of Ukraine. This article defines what a criminal order is and also establishes responsibility for its issuance and execution.
2. Definition of a criminal order
A criminal order is an order of a commander or chief that contradicts the laws of Ukraine, violates the rights and freedoms of citizens, or orders the commission of actions that are crimes according to the Criminal Code of Ukraine. A criminal order may include:
Orders to commit war crimes such as looting, killing unarmed persons, torture, etc.
Orders that violate international humanitarian norms and human rights.
Orders contradicting national legislation and the Constitution of Ukraine.
3. Punishment for issuing a criminal order
The punishment for issuing a criminal order is determined by the Criminal Code of Ukraine and depends on the nature of the offense and the circumstances under which it was committed. In particular:
Returning a criminal order that caused grave consequences:
Imprisonment for five to ten years.Delivery of a criminal order that led to the commission of serious or particularly serious crimes:
Imprisonment for ten to fifteen years or life imprisonment.
4. Peculiarities of law enforcement
When determining responsibility for issuing a criminal order, various factors are taken into account:
Circumstances of the order: The circumstances under which the order was issued, such as combat conditions or a special period, play an important role.
Consequences of executing an order: The consequences of executing a criminal order are important, including whether civilian or military casualties were caused.
Consciousness of actions: It is taken into account whether the commander was aware of the illegality of his order and whether he intended to cause criminal consequences.
5. Disciplinary responsibility
In addition to criminal liability, a serviceman who issued a criminal order 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.
Demotion in position or military rank.
Dismissal from military service.
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