Lawyer at Disobedience to the military command 402 CKU

Legal assistance on the issue of: Disobedience and failure to comply with an order

In the military, disobedience and disobedience may also be referred to as "discipline violations", "military resistance" or "disobedience". These terms reflect different aspects of the problem facing military organizations. In the context of modern wars, these concepts become even more relevant, as they pose a serious challenge to ensuring the effectiveness of operations and the safety of military personnel. Refusal to obey and failure to comply with the orders of MOU 402 Article 64 not only violate military discipline, but can also have serious legal consequences, including interference with military disciplinary order and criminal liability.

In our discussion, we will consider the legal aspects of this problem, try to find out the causes and consequences of disobedience and non-compliance with orders in military matters, and discuss possible ways of solving these complex issues in the context of Ukrainian military legislation. This can be caused by psychological components. In the context of military discipline, malicious insubordination can be a serious offense because it undermines the command structure and can affect mission effectiveness and security. Military organizations therefore take such cases very seriously, taking appropriate action, including disciplinary action and prosecution where appropriate.

Malignant disobedience is a form of behavior when a person deliberately and persistently refuses to follow orders established by law or an authority figure. This is expressed in active deviation from the execution of assignments or refusal to obey the established rules and requirements. Malicious disobedience can have various causes, such as disapproval of an order, disagreement with the policies or methods of the government, personal conflicts, or loss of trust in the person issuing the orders. It can arise from a number of factors, including the rejection of authority, the desire to express one's independence, or even the struggle for one's own rights and justice. The overall objective of managing insubordination is to ensure the restoration of discipline and healthy functioning in the military environment while maintaining a high level of effectiveness and military readiness.

Article 402 of the Criminal Code refers to the category of crimes against military service, discipline and the procedure for its completion. Article 402 refers to the deliberate failure to comply with a legal order or decision of the commander of a unit, ship, unit commander or head of an institution.

Deliberate failure to comply with a legal order or decision of the commander of a unit, ship, commander of a unit or the head of an institution without grounds or with insufficient grounds, if this act was committed in relation to an order related to the official duties of a subordinate, - is punishable by a fine of up to two hundred and fifty tax-free minimum incomes of citizens or by restriction of freedom for a term of up to two years, or by deprivation of liberty for the same term.

Disobedience to the CCU, committed by a person who has a military rank or a military rank and a special rank, or a military rank and a special rank and the assigned military rank of lieutenant colonel or an equivalent military rank, is punishable by restriction of freedom for a term of two years or imprisonment for the same term.

Legal stages in the context of malicious disobedience

• The first step is to document the fact of malicious disobedience. This includes the preparation of reports, records of violations, calls and other written materials that record the situation in accordance with Part 4 of Article 402 of the Criminal Code of Ukraine. After documenting the event, an investigation is conducted to establish the circumstances, causes and participants of the malicious insubordination. An investigation may include interviewing witnesses, gathering evidence, analyzing records, and other investigative activities.
• After the investigation is completed, it is decided whether the act corresponds to the concept of malicious disobedience, which may fall under the legal qualification.
• If malicious insubordination arises as part of a civil or administrative dispute, the parties may attempt to resolve the dispute out of court through negotiation, mediation, or alternative dispute resolution methods.
• If the parties are unable to reach an agreement, the case may be resolved through litigation. The court decides the legal qualification of malicious disobedience and determines the rights and obligations of the parties.
• If the court makes a decision in the form of a verdict or decision, the parties are obliged to comply with it in accordance with Article 402 h 4 of the law. The execution of the court decision may include the payment of a fine, compensation for damages or the fulfillment of other requirements. In case of disagreement with the court's decision, the parties may file appeals or cassation appeals to higher courts for review of the case.

When can the service be provided?

If documents and testimony confirm the fact of disobedience or non-fulfilment of an order, then military law enforcement agencies can take measures in accordance with military legislation. This may include administrative penalties, disciplinary action or even criminal prosecution for serious violations.

The services of a lawyer or an advocate may be provided subject to the conclusion of a written or oral agreement between the client and the legal representative regarding the provision of specific legal assistance on the issue of insubordination. The service can be provided only by a qualified and experienced legal worker who has the necessary skills and knowledge to solve a specific legal issue. A condition for the provision of legal services is compliance by the lawyer or advocate with ethical norms and standards established by relevant professional organizations and legislation. The client must have confidence in their legal representative and be confident that all discussions and information related to the legal matter will be kept confidential. The legal representative may be obliged to provide the client with reports or other documentation regarding the progress of the case pursuant to Part 4 of Article 402 of the Criminal Code of Ukraine and the funds spent.

When the service cannot be provided?

Not all cases of disobedience and non-compliance with orders may be subject to judicial review. For example, if article 402 was violated due to an immediate threat to life or a direct order from the higher command to perform actions that contradict the usual instructions.

If a lawyer or advocate has a conflict of interest in relation to a specific case, he can refuse to provide the service. For example, if a lawyer already represents the interests of the opposite party in a similar case. If the case does not correspond to the specialization or experience of the lawyer or advocate, he can refuse to provide the service under Article 402 of disobedience, because he does not have sufficient knowledge or skills to solve such a case. There are cases when legislation restricts the provision of certain legal services. For example, a lawyer may be restricted from representing a client in court if it conflicts with professional ethical standards. If there is a lack of trust or understanding between the client and the lawyer, it can be difficult or impossible to work together. In such a case, a lawyer may refuse to provide services under Article 402 of the Criminal Code. If the client cannot pay the cost of the service, the lawyer may refuse to provide the service or terminate cooperation. The lawyer believes that the case has little probability of a successful solution or may cause damage to the client, he may refuse to provide the service.

How to do it yourself?

The best way to avoid disobedience and failure to follow orders is to develop a culture of discipline and accountability within military structures. Ensuring a clear understanding of orders, regular training and drills, and supporting the psychological well-being of military personnel contribute to reducing the incidence of disciplinary violations.

Solving legal issues on your own can be difficult, but possible. Start by researching your 402 situation. Use reliable sources of information, such as official government websites, statutes, case law, and educational materials. Use available resources, such as contract templates, application forms, and other documents that may be helpful in resolving your case. Gather all available information relevant to your case. Consider different options for solving your Section 402 defiance problem. Determine the advantages and disadvantages of each option and choose the one that best suits your needs and circumstances. Start implementing your action strategy by following the defined steps and taking into account all the necessary details. Constantly evaluate the effectiveness of your actions and the results they bring. If necessary, adjust your strategy or change your approaches.

Common questions about disobedience in military affairs

What does the cost of services depend on?

The more complex and complicated the case, the more resources (time, knowledge, experience) it requires from the lawyer. Complexity can be determined by the presence of unforeseen factors, the number of parties in the case, the amount of evidence, the level of conflict.