The first stage is documenting 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 the event is documented, 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's decision may include payment of a fine, compensation for damages or 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.
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