Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Punishment for not violating the order of the commander
Failure to comply with the commander’s order is one of the most serious violations of military discipline. Such actions can be disastrous for the safety of the military branch and the successful conquest of military commands. This article examines the legal aspects, types of evidence and the procedure for investigating incidents not in accordance with the order of the commander.
1. Legislative base
Liability for failure to comply with the order of the commander is regulated by a number of basic documents:
The Criminal Code of Ukraine means criminal liability for violation of the law.
The disciplinary statute of the Armed Forces of Ukraine establishes disciplinary procedures for military servicemen who have not issued a punishment.
2. Types of diversity
2.1. Criminality
According to the Criminal Code of Ukraine, failure to comply with the order of the commander can be classified as evildoers. The main statistics that stand out in such situations:
Article 402: Neviconannya is ordered. Failure to comply with the boss’s order is punishable by reduction of freedom for lines from 3 to 7 years.
Article 403: Support of the boss or the suppression of his duties until the breakdown of service obligations. Since the unofficial order is accompanied by the support of the boss or his efforts until the service obligations are broken, punishment may appear as a decrease in will for lines ranging from 5 to 10 years.
2.2.Disciplinary level
Disciplinary authority conveys punishment for violation of military discipline, so as not to take revenge on the warehouse of criminal evil. Here's how you can go:
Poperedzhennya abo dogana.
Relaxation of military rank.
Dispatched to the disciplinary battalion.
Released from military service.
3. Investigation procedure
The procedure for investigating incidents not ordered by the commander includes a number of main stages:
3.1. First investigation
The initial investigation was carried out by the command of the squadron, where damage occurred. This stage includes:
Collect information from information and intelligence services.
Look around the place below.
Assessment of the conditions that led to the unprecedented order.
3.2. Service investigation
If the initial investigation reveals signs of serious damage, the investigation service is assigned. It will be carried out by a special commission, which is of great importance for the collection of evidence and the examination of all relevant individuals.
3.3. Accept the decision
Based on the results of the investigation, the command takes decisions to attract the perpetrators to the level of evidence. Once a sign of a criminal offense has been identified, the materials are transferred to the military prosecutor's office for further investigation and judicial review.
4. Inheritance undisturbed by order
Failure to comply with the commander’s order can result in serious consequences both for a dedicated military service member and for a military service member:
Reduced combat effectiveness of the viper.
Please trust between the military services.
Moral and psychological impact on other military service members.Formation of a negative image of the child and the Eternal Forces in general.
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