Lawyer in case of failure to comply with the order 403 CKU

Failure to comply with a military order. Legal support

In the field of the military legal system, where the execution of orders is a crucial element of discipline and efficiency, the role of the defense attorney is critical. By providing legal protection and consultation, lawyers play a key role in protecting the rights of soldiers and ensuring justice in the military environment.

The lawyer, in case of failure to comply with the order, is responsible for protecting the interests of servicemen in cases where the orders or sentences are unjust or violate their rights. He provides legal advice, represents clients in court hearings and protects their interests before military and civilian courts.

Failure to comply with an order in a military matter can have serious consequences for service members, including disciplinary action and loss of professional status. Therefore, the lawyer ensures that the client's rights and interests are protected, and responsibility for failure to comply with the order is adequately addressed.

In a military environment where discipline and obedience to orders are essential, a lawyer is an important factor in ensuring that the law is upheld and that justice is done for service members. His professional expertise and thorough work help ensure a just decision in cases involving failure to comply with combat orders. Failure to comply with an order in a military matter can have serious consequences for service members, including disciplinary action and loss of professional status. Therefore, the lawyer ensures that the client's rights and interests are protected, and responsibility for failure to comply with the order is adequately addressed.

Article 403 of the Criminal Code of Ukraine states that refusal to perform a commander's combat task, committed in the absence of signs of disobedience, in a combat situation or under martial law, is punishable by deprivation of liberty. The maximum term of punishment is from 3 to 7 years of imprisonment.

"Failure to comply with the order of the statute of the Armed Forces of Ukraine" is a violation of discipline and internal rules of the Armed Forces of Ukraine, which occurs when a serviceman does not carry out an order received from his superior.

Failure to comply with the order of the statute of the Armed Forces of Ukraine can have serious consequences for servicemen, as a violation of discipline and internal rules can lead to disciplinary measures, and in some cases even to criminal liability in accordance with military legislation.

The Statute of the Armed Forces of Ukraine establishes internal rules and norms of conduct for servicemen and regulates the execution of orders and instructions received by them. It also provides for procedures and mechanisms for handling situations related to non-compliance with orders, including conducting official investigations and applying disciplinary sanctions.

Stages of legal assistance:

• Contact and consultation: A person in need of legal assistance contacts a lawyer or legal consultant. This can be a personal contact, a phone call or an email. During the consultation, the person explains his situation, provides all available documents and details related to his problem of not fulfilling the combat order.
• Analysis of the situation: After receiving the information, the lawyer or legal consultant conducts an analysis of the situation. They research the legal aspects of the issue, look for precedents, study the law and identify possible strategies for solving the problem.
• Development of a plan of action: Based on the analysis, the lawyer or legal consultant develops a plan of action to solve the problem of failure to comply with the commander's order in wartime. This may include determining what steps to take, drafting documents, preparing for court proceedings, and more.
• Advocacy: A lawyer or legal consultant represents the interests of his client before the court, law enforcement agencies or other institutions, if necessary. They ensure that their client's rights and interests are protected in accordance with the law and procedures.
• Monitoring and support: Once the process has started, the lawyer or legal consultant continues to monitor the wartime default situation and provide support and advice to the client throughout the process.

Legal assistance service can be provided in the following cases

Having a legal problem or case: If a client has a specific legal problem that needs to be resolved or defended, a legal professional can provide services to resolve it. For example, "failure to comply with an order during martial law"

Need for legal advice: If a person needs professional advice on the legal aspects of a particular situation, a legal adviser can provide advice and information on legal rights and responsibilities.

Representation in court or before other authorities: If the client needs representation in court proceedings, in administrative procedures or before other authorities (for example, the tax service, law enforcement agencies, etc.), the lawyer can provide representation services and protection of the client's rights.

Preparation of documents and legal documents: If you need to prepare or review legal documents, such as agreements, contracts, statements or lawsuits, a legal professional can provide services to create or review them, also included in this list of reports on failure to comply with the order.

Need for legal research: If a deep analysis of the legal aspects of the case is needed, the lawyer can conduct legal research and provide the client with relevant conclusions and advice.

The legal aid service may not be provided in some cases, including:

Conflict of Interest: If an attorney has a conflict of interest related to a current case or a client accused of wartime insubordination, this may result in denial of services. For example, if a situation arises where a lawyer has interests that conflict with the interests of a potential client, he may refuse to provide services.

Impossibility to guarantee a successful outcome: If the case has no legal basis or no chance of a successful resolution, the lawyer may refuse to provide services, as it is impossible to guarantee a positive outcome.

Conflict with ethical norms: If the client's request conflicts with ethical norms or legal morality in the event of non-compliance with the order by a military serviceman, the lawyer may refuse to provide services. For example, if a client asks a lawyer to perform actions that are against the law or moral principles, the lawyer can refuse.

Inability of Client to Pay for Services: If a client is unable to pay for legal services, the attorney may refuse to provide services or suggest alternatives that may be available.

How to do it yourself?

If you want to take legal action yourself, here are some steps that can help you do so:

1. Research your rights: Before making any decisions to disobey a commander's order, familiarize yourself with your rights and responsibilities. Research the relevant legislation that applies to your situation.
2. Gather the necessary evidence: Prepare all necessary documentation and evidence to support your position. This may include contracts, invoices, witness statements, etc.
3. Consult with experts: If you are unsure of your actions, seek advice from a lawyer or legal advisor. They will provide you with professional advice and guidance for your situation.
4. Prepare written requests and statements: If you need to submit an official request or statement, prepare it in writing in accordance with the requirements of the law, refer to Article 402 403 of the CC.
5. Follow procedural deadlines: Remember that many legal procedures have set deadlines that must be met. Be sure to submit all required documentation on time.
6. Consider the possible consequences: Before making a decision, evaluate the possible consequences of your actions of punishment for not complying with the order. Think about possible risks and alternative options for solving the situation.
7. Be willing to cooperate: In some cases, conflict resolution may require cooperation and finding compromises. Be open to dialogue and finding a solution that will satisfy all parties.

Frequently asked questions about non-execution of an order?

What does the cost of services depend on?

The more complex the case or legal issue, the more time and effort a lawyer may need to solve it. Cases that require more expertise or research may cost more. A lawyer's experience and level of qualification can also affect his cost. More experienced lawyers usually charge higher rates for their services. The cost of services may depend on the amount of work to be performed. For example, complex cases or long-term projects may cost more due to more time or resources. Lawyers can set different types of fees, such as an agreed amount, an hourly rate or a percentage of the winnings in court. Each type of fee can have an impact on the total cost of services.