FILING A REPORT ON REFUSAL TO PERFORM A COMBAT MISSION: WHAT ARE THE LEGAL CONSEQUENCES? ✅ WAR ✅ SERVICES

Providing the client with explanations regarding the possibility of submitting a report in accordance with current legislation
Reviewing the circumstances of the received combat order and analyzing the legality of its content
Assessing potential legal consequences of refusing to carry out the order
Identifying available evidence to support the unlawfulness or violation of the order
Delivering written or oral guidance on further steps in legal protection

Formulating the client's legal position based on the Military Charter and Criminal Code provisions
Drafting the report with justification for the refusal
Including references to relevant laws and regulations in the report
Coordinating the report content with the client before submission
Providing instructions on how to submit the report through the command hierarchy and properly record the submission

Advising on actions during submission of the document to the military unit
Preparing a cover letter to accompany the report for proper documentation
Recommending how to record the submission using an incoming correspondence log or witnesses
Analyzing the possible reaction from command and preparing a legal response
Determining further legal steps in case of pressure or refusal to accept the report

Report on refusal to carry out a combat order: legal consequences and procedure

A servicemember has the right to refuse to carry out a combat order only in specific cases defined by law. In particular, an order can be refused if it:

contradicts the Constitution or laws of Ukraine
is criminal (for example, requires shooting civilians or violates humanitarian law)
exceeds the commander’s official authority or position
endangers the life of the servicemember without proper justification
is not properly documented (e.g., given orally without confirmation)

In such situations, the servicemember must submit a written report explaining the refusal. This document should include the reason for the refusal, references to relevant legal norms, and a description of the factual circumstances.

Legal consequences of refusal: what risks the servicemember faces?

Refusing to follow an order may be considered a criminal offense under Article 402 of the Criminal Code of Ukraine, particularly if:

the order was lawful
the servicemember failed to prove valid grounds for refusal
the refusal was not properly documented
the refusal negatively affected the combat situation
it was a repeated disciplinary offense

However, with proper documentation (written report, witness statements, video recordings, or medical/psychological evidence), a lawyer can help avoid criminal liability or seek reclassification of the case.

How a lawyer can assist with drafting the report and legal defense?

Seeking legal counsel ensures:

legal assessment of whether the order is lawful
assistance in drafting a well-grounded report referencing legal norms
collection of evidence to justify the refusal
representation during communication with command, investigation, or court
submission of complaints or motions if criminal proceedings are initiated

On the Legal Marketplace Consultant platform, you can quickly find a legal expert with experience in military cases who understands the nuances of defending servicemembers' rights.

Specifics of reviewing refusal reports in military commissions and courts

Refusal reports are often reviewed by military commissions or courts, which assess the legality of the servicemember’s actions and the circumstances behind the refusal. The process may involve collecting evidence, hearing witness testimonies, and reviewing expert opinions—all of which influence the final decision.

Strict adherence to procedural rules is crucial in such cases, and timelines for review are usually short due to the sensitivity of the matter. Legal support ensures timely response to any procedural violations and protects the client’s rights.

A qualified attorney can properly draft all documents, prepare a defense strategy, and represent the servicemember in both military and civilian institutions—significantly increasing the chances of a favorable outcome.

Conclusion

Filing a report to refuse a combat order is not merely a formality but a legal tool to protect a servicemember’s rights. Professional legal support greatly reduces the risk of criminal liability and helps to properly substantiate one’s position.

Don’t act alone—consult an experienced military lawyer.

Reviews
From Real Users

Mykola

22.08.2025

I received support in an extremely difficult situation. The lawyer explained how to submit the report and what to avoid. Without this help, I would have made mistakes

Taras

21.08.2025

Real legal help, not just formal responses. All documents were checked, and the situation was analyzed from different angles. With this approach, you feel more confident

Vladyslav

17.08.2025

The service exceeded expectations. They provided sample documents, guidance at every stage, and explained all legal consequences. Professional and ethical

Ihor

13.08.2025

I sought help with drafting a refusal report due to health issues. The lawyers explained all the risks and helped prepare the document properly. Everything was clear and without unnecessary questions. Very grateful!

Andrii

05.06.2025

Everything was fine, the consultation was clear, although I couldn’t get through at first. Then they quickly resolved everything. Thanks for the support and advice!

Oleksii

30.05.2025

The service is useful, especially if you have no experience in military law. The consultation was informative, but I had to wait a day for a reply. Overall – I recommend it