Publication date: 11.07.2024
Protecting servicemen from unreasonable orders from their commanders
Protecting the rights of servicemen is an important aspect of ensuring law and order and justice in the armed forces. In this context, the issue of protecting servicemen from senseless, illegal or unenforceable orders of commanders deserves special attention. In this article, we will consider the main aspects of legal regulation of this issue, the regulatory framework, rights and obligations of servicemen, mechanisms of protection and the procedure for actions in case of receiving such an order.
Legal framework
The issue of protecting servicemen from unreasonable orders is regulated by a number of legal acts of Ukraine, in particular
TheConstitution of Ukraine:
- It guarantees the protection of the rights and freedoms of citizens, including servicemen, and establishes the rule of law.
TheLaw of Ukraine "On Military Duty and Military Service":
- Defines the legal basis of military service, the rights and obligations of servicemen and women, the procedure for performing official duties and liability for violations.
Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection":
- Establishes social guarantees and legal protection for servicemen and women, war veterans and their families.
Disciplinary Statute of the Armed Forces of Ukraine:
- Regulates issues of military discipline, the procedure for imposing disciplinary sanctions, and the rights and obligations of servicemen in the execution of orders.
Criminal Code of Ukraine (CCU):
- Provides for liability for crimes, including violations of the legal rights of servicemen and women, abuse of authority and issuing unlawful orders.
Rights and obligations of servicemen and women
Servicemen and women are obliged to obey orders of their commanders, but these orders must comply with the law and be lawful. The main rights and obligations of servicemen in this context include:
Theright to refuse to obey an unlawful order:
- Servicemen and women have the right to refuse to carry out an order that is clearly unlawful or violates the rights and freedoms of citizens.
Duty toreport an illegal order:
- Servicemen are obliged to immediately report to their higher command or the military prosecutor's office when they receive an unlawful order.
Theright to legal protection:
- Servicemen and women have the right to apply to courts, the military prosecutor's office and human rights organisations to protect their rights in the event of receiving an unreasonable or illegal order.
Duty toact within the law:
- Servicemen and women are obliged to act in accordance with the laws of Ukraine, to observe military discipline and to carry out lawful orders of their commanders.
Mechanisms for the protection of servicemen
To protect the rights of servicemen from unreasonable orders of commanders, several mechanisms are provided for, which provide for the possibility of appeal and legal protection:
Appealto the higher command:
- Servicemen can report an unlawful order to their superiors, providing evidence of its senselessness or impracticability.
Appealto the military prosecutor's office:
- The Military Prosecutor's Office oversees the observance of the rule of law in the Armed Forces of Ukraine. Servicemen and women can file a complaint with the prosecutor's office about an unlawful order and request an investigation.
Appeal to the court:
- Servicemen and women have the right to file lawsuits to protect their rights, including claims for the cancellation of an unlawful order, damages and compensation for moral damages.
Appeal to human rights organisations:
- Servicemen and women may contact human rights organisations and lawyers to obtain legal assistance and protect their rights.
Internal control mechanisms:
- The Armed Forces of Ukraine have internal mechanisms for monitoring compliance with the law, including disciplinary commissions and internal audit services.
Procedure to follow in case of receiving an unreasonable order
In the event of receiving an unreasonable or manifestly illegal order, servicemen and women should act in accordance with the established procedure, which includes the following steps:
Assessment of the legality of the order:
- The serviceman must assess the legality of the order received based on its compliance with the law and internal regulations. In case of doubt about the legality of the order, advice should be sought from a lawyer or human rights defender.
Documentation of the order:
- The serviceman should document the order received, obtaining it in writing if possible or making a note of the oral order.
Reporting to higher command:
- A servicemember must immediately report the order to his or her superior command, providing evidence of its senselessness or illegality.
Appeal to the military prosecutor's office:
- In case of receiving a manifestly illegal order, a serviceman must apply to the military prosecutor's office with a statement about the violation of the law and demand an inspection.
Appeal to thecourt:
- If the higher command or the military prosecutor's office refuses to take action, the serviceman has the right to file a lawsuit to protect his rights.
Consultation with human rights organisations:
- A serviceman may contact human rights organisations for advice and legal assistance in resolving the issue.
Examples of senseless orders and their consequences
Meaningless and unlawful orders can have serious consequences for both servicemen and commanders. Some examples of such orders include:
Orders that contravene thelaws of Ukraine:
- For example, an order to commit unlawful acts, such as unlawful detention of citizens, use of weapons against civilians, etc.
Orders that endanger thelife and health of military personnel:
- For example, orders to perform dangerous tasks without adequate security, orders to perform tasks in dangerous conditions without appropriate training and equipment.
Orders that violate the rights and freedoms of servicemen:
- For example, orders for illegal dismissal from military service, deprivation of leave rights, violation of the terms of the military service contract.
Conclusion.
Protecting the military from ridiculous orders of commanders is an important aspect of ensuring law and order and justice in the Armed Forces of Ukraine. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
- Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
