Lawyer on charges of disobedience to military command 402 of the Criminal Code of Ukraine (12,000)

Accusations of disobedience to military command: legal assistance

During the full-scale war in Ukraine, thousands of servicemen find themselves in extremely difficult conditions every day - both physical and psychological. Pressure, excessive workload, emotional exhaustion, contradictory orders - all this creates the prerequisites for conflicts with the command. In such an environment, it is easy to cross a fine line when actions or inaction can be qualified as disobedience.
Article 402 of the Criminal Code of Ukraine provides for criminal liability for open failure to comply with the order of a superior, as well as refusal to obey his lawful requirements. At the same time, the law does not always take into account all the circumstances in which a soldier or officer finds himself. That is why in such cases it is important to enlist the help of a lawyer who will provide proper protection, help to avoid unlawful persecution or mitigate the consequences.

Legal stages of providing assistance in cases under Art. 402 of the Criminal Code

Legal protection of a serviceman accused of insubordination requires a thorough analysis of the circumstances that led to the incident and a legal response at each stage of the proceedings. Here is what a lawyer's step-by-step work in such cases usually looks like:

• First contact and clarification of the circumstances of the case: At this stage, the lawyer collects primary information: in which unit the serviceman serves, when exactly the violation occurred, whether there was a written order, how exactly the person reacted to it, who witnessed the event. The specialist also assesses whether there are signs of illegality in the order itself, which is an important factor in cases of insubordination.
• Review of the materials of the criminal proceedings: If criminal proceedings are opened against a person, the specialist submits appropriate motions for admission to the case, reviews the materials: reports, interrogation protocols, expert opinions. At this stage, it is important to identify any procedural violations or illegally collected evidence.
• Interrogations, investigative actions and defense during pre-trial investigation: The lawyer prepares the serviceman for interrogations, accompanies him during investigative actions, monitors compliance with rights. He also forms a legal position: finds out the motives of disobedience, circumstances that exclude criminal liability (for example, inability to carry out an order due to injury, inconsistency of the order with the norms of humanity or international law).
• Defense in court: If the case is transferred to court, the specialist forms a full package of evidence in favor of the defendant, interviews witnesses, files a motion for the admission of alternative evidence, requests to take into account the psycho-emotional state of the serviceman, overload, problems with rotation, etc. The goal is to prove the lack of intent or excessiveness of the charges.
• Appeal or contestation of the verdict: If the court passes a guilty verdict, the specialist initiates an appeal, arguing the incorrect application of the law, the bias of the investigation or the incompleteness of the investigation of the circumstances. If necessary, the case can be submitted to the cassation instance.

Each stage of the defense requires high professionalism, moral stability and in-depth knowledge of both criminal and military legislation. That is why the participation of a lawyer is critically important.

Conditions for providing services in cases under Article 402 of the Criminal Code of Ukraine

Providing high-quality defense in cases under Article 402 of the Criminal Code of Ukraine is possible only if certain conditions of cooperation between the client (or his relatives) and the lawyer are met:

1. Preliminary legal analysis of the case: The lawyer does not initiate active actions without understanding the full picture. At this stage, relatives or the serviceman himself (if there is access to communication) transfer documents, reports, information about the unit, the date and content of the order that was allegedly ignored to the specialist. If necessary, a lawyer's request is submitted.
2. Drawing up an official agreement on legal assistance: In order to have access to the case materials, file complaints, and defend in court, the specialist must act on the basis of a written agreement. It is also a guarantee for the client regarding the transparency and fixedness of the agreements.
3. Provision of a notarized power of attorney (if necessary): If the serviceman is in a place of imprisonment or is unable to sign documents on his own, a relative can act on behalf of the client (by power of attorney), or a lawyer represents the interests based on the decision of the investigating judge.
4. Interaction with the relatives of the serviceman or military unit: The specialist constantly communicates with commanders, investigators, the military prosecutor's office or the State Bureau of Investigation, and also keeps in touch with the family, informing about the progress of the case. Relatives can transfer documents, confirmation of injuries, awards, certificates of psychological condition, etc.

These conditions are not a formality, but the basis for high-quality, honest and lawful protection of a serviceman who finds himself in a difficult situation.

Advantages of contacting a lawyer when accusing a military person of disobedience

Professional protection and accuracy: The lawyer ensures strict adherence to procedural rules, which reduces the risk of errors that can lead to unfounded accusations or delays in the consideration of the case.

Support in difficult situations: In cases of investigative actions, court hearings or appeals of verdicts, the specialist guarantees reliable representation and protection of the interests of the military person.

Legality and security: All actions of the specialist comply with current legislation, which provides the client with protection from undue pressure and guarantees a lawful outcome of the case.

Common questions about disobedience in a military case

What does the cost of a lawyer's service depend on when accused of disobeying military command?

The price of legal assistance in cases of insubordination depends on several key factors: the complexity of the case (whether there is a conflict of testimony, the need for medical examinations, military inquiries), the duration of the defense (pre-trial investigation, court of first instance, appeal), the geographical location of the case (combat zone, civilian settlement), the volume of written work (complaints, petitions, inquiries), as well as the urgency of the response (night calls, operational participation in investigative actions). The final amount is discussed with the family or the serviceman individually after studying the case materials.