Publication date: 11.06.2024
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Article 403 of the Criminal Code of Ukraine provides for responsibility for failure to comply with a commander's order
According to this article, non-fulfillment of the commander's order, committed in the absence of the signs specified in the first part of Article 402 of the Criminal Code of Ukraine (on refusal to comply with the commander's order containing an illegal demand), is punishable by a fine or restriction of freedom for a term of up to two years.
Refusal to comply with the commander's order is a serious violation of discipline and duties of a serviceman. The legislation provides for various types of liability for such actions, depending on the nature of the offense committed and the fault of the person.
A person who refused to comply with a clearly criminally illegal order or order is not subject to criminal liability.
However, it is important to note that this only applies to orders or orders that are clearly criminal in nature.If a person has executed a clearly criminally illegal order or order, he is subject to criminal liability on general grounds. In such a case, a person may be held criminally liable for acts committed in order to comply with such an order or order.
Article 403 of the Criminal Code of Ukraine regulates the issue of non-compliance with the superior's order.
According to this article, failure to comply with the order, if it caused serious consequences, may be punished by various types of punishments, depending on the circumstances of the case.
The main provisions of Article 403 of the Criminal Code of Ukraine:
Failure to comply with the superior's order, if it caused serious consequences, is punishable by:
service restriction for a period of up to two years;
detention in the disciplinary battalion for up to one year;
imprisonment for up to two years
If the failure to comply with the order occurred during a special period other than martial law, the punishment may be as follows:
deprivation of liberty for a term of two to five years.
In the event that the failure to comply with the order occurred under martial law or in a combat situation, the punishment may be as follows:
imprisonment for five to eight years.
It is important to note that Article 403 of the Criminal Code of Ukraine was amended by Law No. 194-VIII dated February 12, 2015.
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